Close-up of a lawyer gesturing during a client consultation while reviewing a legal text, representing the consideration of an appeal or judicial review in ontario

Appealing a Legal Decision in Ontario: Grounds, Process, Deadlines and What to Expect

Date: June 9, 2026

Receiving a decision against you in court or before a tribunal is not necessarily the end of the road. Ontario law provides mechanisms to challenge decisions that contain legal errors, procedural unfairness, or factual findings that cannot be supported by the evidence. But the appeal process is not a second trial and it is not available for every decision. Understanding what grounds exist, which court or body hears the appeal, and how strict the deadlines are is essential before deciding whether to proceed.

This article explains how appealing a legal decision works in Ontario, the grounds on which appeals succeed, the difference between a statutory appeal and a judicial review, the key deadlines, and what the process looks like in practice. For an overview of how the courts handle related remedies, see our guide to court orders available in commercial litigation.

The core distinction
An appeal is not a retrial. The appellate court does not hear new evidence or reconsider the facts from scratch. It reviews the original decision for legal errors, errors of fact, or procedural unfairness that materially affected the outcome.

Disagreeing with the result is not enough. You must identify a specific error and show that it made a difference to the outcome. The standard of review applied by the appellate court depends on the nature of the error and the governing legislation.

The Ontario court hierarchy for appeals

Where an appeal goes depends on where the original decision was made. Ontario's court structure creates a defined pathway for each type of decision.

From Small Claims Court
Divisional Court (leave required if claim under $3,500)
From Superior Court (final orders)
Court of Appeal for Ontario
From Superior Court (interlocutory orders)
Divisional Court (with leave)
From Divisional Court
Court of Appeal (with leave)
From Court of Appeal
Supreme Court of Canada (with leave)
From most tribunals
Divisional Court (statutory appeal or judicial review)

Appeals from administrative tribunals such as the Human Rights Tribunal of Ontario, the Landlord and Tenant Board, and the Workplace Safety and Insurance Appeals Tribunal are governed by the specific legislation creating each tribunal. Some tribunals have internal appeal mechanisms before the decision can be challenged in court. The governing statute determines whether the challenge is a statutory appeal or a judicial review, and the distinction matters because the grounds and standard of review differ between the two.

Grounds for appeal: what courts will and will not consider

An appeal must be grounded in one of the recognized categories of reviewable error. Courts are not in the business of substituting their judgment for that of the original decision-maker simply because a different result might have been reached. The error must be of a type the appellate court has jurisdiction to correct.

Error of law The decision-maker applied the wrong legal test, misinterpreted a statute, failed to apply binding precedent, or reached a conclusion that no reasonable application of the law could support. Errors of law receive little or no deference from appellate courts and are the most common successful ground of appeal.
Palpable and overriding error of fact Findings of fact made by a trial judge receive significant deference on appeal. To succeed on a factual ground, the appellant must show a palpable and overriding error: one that is obvious and that affected the outcome. A finding that was open on the evidence, even if the appellate court might have decided differently, will not be disturbed.
Procedural unfairness A party was denied a fair opportunity to present their case: the decision-maker was biased, the party was not given proper notice, evidence was improperly excluded, or some other procedural requirement of fairness was violated. The error must have made a real difference to the outcome, not merely been a technical irregularity.
Unreasonable decision (judicial review) On judicial review of an administrative tribunal decision, the standard is often reasonableness rather than correctness. The court asks whether the decision falls within a range of possible acceptable outcomes defensible in fact and law. An unreasonable decision is one that lacks justification, transparency, or intelligibility, or that falls outside that range.
Jurisdictional error The decision-maker acted outside the authority granted to them by statute, made a decision they had no power to make, or failed to exercise a jurisdiction they were required to exercise. Jurisdictional errors are reviewable on a correctness standard.
Fresh evidence In limited circumstances, new evidence not available at trial may be admitted on appeal if it meets the strict test: it was not available at trial despite reasonable diligence, it is credible, and it could reasonably be expected to have affected the result. Applications to admit fresh evidence are not routinely granted.

Appeal as of right vs leave to appeal

Not every decision can be appealed automatically. Ontario law distinguishes between appeals that can be brought as of right, meaning without needing the court's permission, and those that require leave, meaning the court's permission must be obtained before the appeal can proceed.

Appeals as of right typically arise from final orders of the Superior Court of Justice on matters above specified monetary thresholds, and from certain tribunal decisions where the governing statute expressly provides a right of appeal. Where a right of appeal exists, the appellant simply files a notice of appeal within the prescribed time.

Leave to appeal is required for interlocutory orders of the Superior Court, appeals from the Divisional Court to the Court of Appeal, and in many cases from administrative tribunals where the governing statute requires it. To obtain leave, the applicant must persuade the court that the proposed appeal raises an issue of general importance, has a reasonable prospect of success, or that the interests of justice require it to be heard. Leave applications are decided on the written record without a full hearing.

Whether you need leave to appeal and which court hears the appeal depends entirely on the type of decision being challenged and the governing legislation. Getting this wrong at the outset, such as filing in the wrong court or failing to obtain required leave, can end the appeal before it begins. Get legal advice on the correct procedure before filing anything.

Key deadlines for appeals in Ontario

Appeal deadlines in Ontario are strict and in most cases cannot be missed without court intervention. The specific deadline depends on the type of decision being appealed.

  • Court of Appeal from Superior Court final orders: 30 days from the date of the order being appealed, under Rule 61.04 of the Rules of Civil Procedure
  • Divisional Court from Small Claims Court: 30 days from the date of the order
  • Divisional Court from Superior Court interlocutory orders: 15 days from the date of the order, with leave required
  • Tribunal appeals: varies by governing statute, often 15 to 30 days, sometimes shorter
  • Judicial review applications: generally 30 days from the date the decision is received, subject to extension in appropriate circumstances
  • Supreme Court of Canada leave applications: 60 days from the Court of Appeal judgment

Missing a deadline does not automatically end all options, but it requires a motion for an extension of time. Courts consider the length of the delay, the reason for it, prejudice to the other party, and the merits of the proposed appeal. Extensions are not routinely granted and are more likely to be refused the longer the delay and the weaker the explanation.

Received a decision you want to challenge? The clock is already running.

Most appeal deadlines in Ontario run from the date of the order, not from when you received it or when you finished reading it. If you are considering an appeal, get legal advice on the applicable deadline immediately. Missing it creates a problem that is far harder and more expensive to fix than the appeal itself.

Call: 1-800-771-7882 Find Out If You Have Grounds to Appeal

The appeal process step by step

1

Review the decision for grounds

Before filing anything, read the decision carefully and identify the specific errors you believe were made. A general sense that the outcome was wrong is not enough. You need to identify whether the error is one of law, fact, or procedure, and whether it materially affected the result. This analysis is best done with a lawyer who can assess the realistic prospects of success honestly.

2

File the notice of appeal or leave application

Where an appeal lies as of right, file a notice of appeal in the correct court within the applicable deadline. Where leave is required, file a leave application setting out the proposed grounds and why leave should be granted. Both must be served on the other parties. Filing in the wrong court or missing the deadline can end the appeal. The notice of appeal stops the clock on enforcement of the judgment in most cases.

3

Obtain and perfect the appeal record

The appeal record includes the original pleadings, the trial or hearing transcript, the exhibits, and the decision being appealed. Obtaining transcripts from the court reporter takes time and should be ordered immediately after the notice of appeal is filed. The appeal is perfected when the record is complete and the appellant's factum (written legal argument) is filed within the prescribed time.

4

Prepare the factum

The factum is the written legal argument that sets out the facts, the issues on appeal, the legal arguments, and the relief sought. Appeals are won and lost on the quality of the written argument. The factum must identify the errors precisely, cite the applicable legal authorities, and explain why the errors warrant the relief being sought. Respondents file their own factum in response.

5

Attend the hearing

Most appeals are argued primarily on the written record, with oral submissions limited in time. The appellate judges will have read the factums before the hearing. Oral argument is an opportunity to address the court's questions and to emphasize the most important points, not to repeat everything in the factum. The court may ask detailed questions about the record and the authorities relied on.

6

The decision

The appellate court may dismiss the appeal and confirm the original decision, allow the appeal and substitute its own decision, allow the appeal and order a new trial or hearing, or vary the original order. Costs are typically awarded to the successful party. Where the appeal is successful, the court may also deal with the costs of the original proceeding.

Appeals vs judicial review: understanding the difference

For decisions of administrative tribunals, there are two potential routes to challenge the decision in court: a statutory appeal (where the governing legislation provides a right of appeal) and judicial review (available in the absence of a statutory appeal or where judicial review is the prescribed mechanism).

The distinction matters because the grounds and standards of review differ. On a statutory appeal, the standard typically applied to questions of law is correctness: the court substitutes its own view of what the law requires. On judicial review, the standard for most questions is reasonableness: the court asks whether the tribunal's decision falls within the range of acceptable outcomes, not whether the court would have decided the same way.

Judicial review is the appropriate remedy for challenging decisions of bodies such as the Human Rights Tribunal of Ontario, the Landlord and Tenant Board, the Ontario Securities Commission, and various regulatory bodies. Applications for judicial review are brought in the Divisional Court and must typically be commenced within 30 days of the decision, though extensions can be granted. For more detail on the judicial review process, see our overview of judicial review at Achkar Law.

Received a decision you believe was wrong and not sure whether you have grounds to challenge it?

The answer depends on the type of decision, the specific errors made, and the applicable deadline. Get an honest assessment of your options before the window closes.

Get an Assessment of Your Appeal Options Or call us: 1-800-771-7882

Practical takeaways

An appeal is not a retrial. The appellate court reviews the original decision for legal errors, palpable factual errors, or procedural unfairness. Disagreeing with the outcome is not a ground of appeal.
Most appeal deadlines in Ontario run from the date of the order, not from when you read it. The general deadline for Court of Appeal matters is 30 days. Tribunal deadlines can be as short as 15 days. Act immediately.
Some appeals require leave before they can proceed. Leave requires demonstrating an issue of general importance, a reasonable prospect of success, or that the interests of justice require the appeal. Leave applications are decided on the written record.
For administrative tribunal decisions, the choice between a statutory appeal and judicial review depends on the governing legislation. The standard of review differs between the two and affects what errors are reviewable.
New evidence is not normally admissible on appeal. The court reviews the record from the original proceeding. Fresh evidence can only be admitted in limited circumstances where it was unavailable at trial despite reasonable diligence and could have affected the result.
Missing an appeal deadline requires a motion for an extension of time. Extensions are not routinely granted, particularly where the delay is long or the proposed appeal lacks clear merit. The best approach is to act immediately after receiving a decision you want to challenge.

Frequently asked questions

What are the grounds for appeal in Ontario?

Appeals in Ontario must be based on recognized grounds: errors of law where the decision-maker applied or interpreted the law incorrectly; palpable and overriding errors of fact where findings were clearly unsupported by the evidence; and procedural unfairness where a party was denied a fair opportunity to be heard. Disagreeing with the result is not a ground of appeal. The error must have materially affected the outcome.

What is the difference between an appeal and a judicial review in Ontario?

An appeal involves a higher court reviewing a lower court or tribunal decision for legal or procedural errors under a right of appeal granted by statute. Judicial review is available for administrative tribunal and government decision-maker decisions, typically where no statutory appeal exists. On judicial review the court applies a reasonableness or correctness standard depending on the question, and asks whether the decision-maker acted within their jurisdiction and followed a fair process.

How long do you have to appeal a decision in Ontario?

Deadlines vary by decision type. Appeals to the Court of Appeal from final Superior Court orders must generally be filed within 30 days under Rule 61.04 of the Rules of Civil Procedure. Small Claims Court appeals to the Divisional Court must be filed within 30 days. Interlocutory order appeals to the Divisional Court must be filed within 15 days. Tribunal appeal deadlines are set by governing statutes and can be as short as 15 days. Missing any of these deadlines requires a motion for an extension of time.

What is leave to appeal in Ontario?

Leave to appeal means permission from the court to proceed with the appeal. It is required for interlocutory orders of the Superior Court, appeals from the Divisional Court to the Court of Appeal, and many tribunal decisions. To obtain leave, the applicant must show the appeal raises an issue of general importance, has a reasonable prospect of success, or that the interests of justice require it. Leave applications are decided on the written record.

Can you introduce new evidence on an appeal in Ontario?

Generally no. An appeal is not a new trial and new evidence is not normally admissible. In limited circumstances, fresh evidence can be admitted if it was not available at trial despite reasonable diligence, is credible, and could reasonably have affected the result. The test is demanding and applications to admit fresh evidence are not routinely granted.

What happens if you miss the deadline to appeal in Ontario?

Missing the deadline requires a motion for an extension of time to appeal. The court considers the length of the delay, the reason for it, prejudice to the other party, and the merits of the proposed appeal. Extensions are not routinely granted and are more likely to be refused the longer the delay and the weaker the explanation. Acting immediately after receiving the decision is always the better approach.

Received a decision you want to challenge? Tell us what happened.

Whether you are considering an appeal from a court order, challenging a tribunal decision, or assessing whether judicial review is available, Achkar Law advises businesses, organizations, and individuals across Ontario on appeals and judicial review. We will give you an honest assessment of your grounds, your deadline, and your realistic prospects before you commit to the process.

Call us at 1-800-771-7882 or fill out the form below and we will be in touch.