Top 5 Mistakes When Seeking Leave To Appeal In Ontario

In Ontario, litigants do not have an inherent right to appeal a decision.

The jurisdiction to appeal civil proceedings derives from statute, usually the Courts of Justice Act, R.S.O. 1990, c.C.43 (the "CJA"), in conjunction with the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (the "Rules").

An appeal from a civil matter lies either to the Divisional Court (which is a branch of the Ontario Superior Court of Justice) or the Ontario Court of Appeal.

Which Court will hear the appeal typically depends on whether the underlying order is interlocutory or final, or whether the governing Act directs which appellate Court will hear the appeal.

Not all matters can be directly appealed to the Divisional Court or the Court of Appeal.