A notice of appeal must generally be served within 30 days of the order being appealed. Where the Superior Court's final order is $50,000 or less, the appeal goes to the Divisional Court; where it exceeds $50,000, the appeal goes to the Court of Appeal for Ontario. After filing the notice of appeal, the appellant must perfect the appeal by filing the appeal record and factum. Missing the 30-day deadline can be addressed by a motion for an extension of time, but it is not guaranteed.
- You generally have 30 days from the order to serve a notice of appeal, under Rule 61.05(1) of the Rules of Civil Procedure.
- Where the Superior Court order is $50,000 or less, appeals go to the Divisional Court.
- Where the order exceeds $50,000, appeals go to the Court of Appeal for Ontario.
- The notice of appeal must identify the specific order, the grounds, and the relief sought.
- After filing, the appellant must perfect the appeal — filing the appeal record and a written factum.
- Missing the 30-day deadline can be addressed by a motion for an extension of time, supported by an affidavit — but it is not automatic.
The 30-Day Deadline
A party wishing to appeal a Superior Court civil decision must generally serve a notice of appeal, together with the certificate required under rule 61.05(1) of the Rules of Civil Procedure, within 30 days after the order appealed from was made — unless a specific statute or the Rules provide a different deadline for that particular type of matter.
Thirty days moves quickly, especially while still absorbing an unfavourable result. Get advice on your appeal prospects immediately after judgment, not after the deadline has nearly passed.
Which Court Hears Your Appeal?
Where the Superior Court issues a final order valued at $50,000 or less, the right of appeal is to the Divisional Court of Ontario. Where the order exceeds $50,000 in value, the right of appeal is instead to the Court of Appeal for Ontario. Choosing the correct court is a threshold procedural requirement — filing in the wrong court can cause delay and additional cost.
| Order Value | Appeal Court |
|---|---|
| $50,000 or less | Divisional Court |
| More than $50,000 | Court of Appeal for Ontario |
The Notice of Appeal
The notice of appeal must identify the specific order being appealed, the grounds for the appeal, and the relief sought. A vague or poorly drafted notice can weaken an appeal from the outset, so precision at this stage matters even though further detail follows in the factum.
Perfecting the Appeal
After filing the notice, the appellant has a further deadline to perfect the appeal — filing the appeal record (which includes the trial decision, notice of appeal, relevant pleadings, and transcripts) along with a factum, the written argument setting out the appellant's legal position.
What Can Actually Be Appealed
Appeals are not a second trial. Courts give significant deference to a trial judge's findings of fact, and a successful appeal typically requires identifying a genuine error of law, a palpable and overriding error in the fact-finding process, or another recognized basis for appellate intervention — not simply disagreement with how the trial judge weighed the evidence.
Because appellate deference to trial findings is significant, a candid, early assessment of your actual grounds — rather than assuming any loss is automatically appealable — saves considerable time and cost.
If You Missed the Deadline
If you have missed the 30-day window, you may bring a motion for an extension of time to file your notice of appeal, supported by an affidavit explaining the delay. Courts weigh factors including the length of the delay, the reason for it, whether the appellant genuinely intended to appeal within the deadline, and whether granting the extension would prejudice the other side. This relief is not automatic, so acting as quickly as possible after realizing the deadline was missed matters.
A business loses a $120,000 breach of contract claim at trial and believes the judge misapplied the legal test for damages. Because the order exceeds $50,000, the appeal proceeds to the Court of Appeal for Ontario. Counsel serves a notice of appeal within the 30-day window, then perfects the appeal by filing the record and factum focused specifically on the alleged legal error in the damages analysis.
Call our Toronto civil appeals lawyers at 416-274-2222 as soon as possible after judgment to assess your options.
Frequently Asked Questions
Generally 30 days after the order was made, under Rule 61.05(1) of the Rules of Civil Procedure — unless a specific statute or rule provides a different deadline for your particular type of case.
No. Where the Superior Court's final order has a value of $50,000 or less, the right of appeal is to the Divisional Court. Where the order exceeds $50,000, the appeal goes to the Court of Appeal for Ontario instead.
It must identify the specific order being appealed, the grounds for the appeal, and the relief being sought — along with the certificate required under rule 61.05(1) of the Rules of Civil Procedure.
After filing the notice of appeal, the appellant has a further deadline to perfect the appeal by filing the appeal record (including the trial decision, notice of appeal, relevant pleadings, and transcripts) along with a factum — the written argument setting out the legal basis for the appeal.
Not on that basis alone. Appeals generally focus on legal error, not simply relitigating the facts — an appeal court gives significant deference to a trial judge's findings of fact, and success typically requires identifying a genuine error in the application or interpretation of the law.
You can bring a motion requesting an extension of time to file your notice of appeal, supported by an affidavit explaining the delay. This is not automatic — the court weighs factors including the length of the delay, the reason for it, and whether the other side would be prejudiced.
It varies with the complexity of the case and the court's current scheduling, but appeals typically take many months from filing to a decision, factoring in the time to perfect the appeal and await a hearing date.