Losing a case in Small Claims Court can be frustrating, especially if you believe the judge made an error. However, not all decisions can be appealed, and the appeal process is more complex than the initial case. If you’re considering challenging a ruling, understanding the process is crucial to determine whether an appeal is the right move.

This guide breaks down when and how you can appeal a Small Claims Court decision in Ontario, what to expect, and how a paralegal or lawyer can help.

1. Can You Appeal a Small Claims Court Decision?

📌 You can appeal only if:

• The judge made a legal error (not just because you disagree with the outcome).
• The claim was for more than $2,500 (cases below this amount cannot be appealed).
• You file the appeal within 30 days of the decision.

🚫 You CANNOT appeal just because:

• You think the judge was unfair.
• You’re unhappy with the decision but no legal errors were made.
• The case involved a settlement agreement (settled cases cannot be appealed).

For more details, check Ontario’s Small Claims Court Guide.

2. Understanding Legal Errors That Justify an Appeal

✅ Appealable mistakes include:

• The judge misinterpreted the law.
• Evidence was wrongly excluded or improperly considered.
• The judge failed to follow proper procedures.

🚫 Not appealable:

• You disagree with the judge’s opinion on the facts.
• You didn’t present enough evidence during the original trial.

If you’re unsure, consult a paralegal or lawyer to assess your case before filing an appeal.

3. How to File an Appeal in Small Claims Court

Appeals from Small Claims Court are heard in the Divisional Court of the Superior Court of Justice. Here’s what to do:

📌 Step 1: File a Notice of Appeal

• Complete a Notice of Appeal (Form 61A) – Available here.
• Submit it within 30 days of the original decision.
• File at the Superior Court of Justice in the region where your Small Claims case was heard.

📌 Step 2: Serve the Respondent

• You must serve the appeal documents on the opposing party.
• Acceptable methods include personal service, registered mail, or courier.
• File an Affidavit of Service (Form 16B) with the court.

For more details, read How to Serve Court Documents in Ontario.

📌 Step 3: Obtain Transcripts of the Trial

• Order official transcripts of the original hearing.
• You must include transcripts in your appeal.
• Find transcript services here.

📌 Step 4: File an Appeal Book & Written Argument

• The Appeal Book contains all relevant documents from the original case.
• The Factum (written argument) explains why the decision was incorrect.
• These documents must be submitted before the hearing date.

Check Divisional Court filing procedures for detailed requirements.

4. What Happens at the Appeal Hearing?

The appeal is not a retrial—you will not present new evidence or call new witnesses. Instead, the judge reviews legal errors in the original case.

🎯 Possible Outcomes:✅ Decision Overturned: The court finds a legal error and changes the ruling.✅ New Trial Ordered: The case is sent back to Small Claims Court.✅ Appeal Denied: The original judgment stands.

🚨 If you lose the appeal, you may be required to pay the other party’s legal costs.

For more on appeal procedures, check Ontario’s Divisional Court Rules.

5. Should You Hire a Paralegal or Lawyer for Your Appeal?

Because Small Claims Court is designed for self-representation, many people don’t hire legal help for their initial case. However, appeals are much more complex and require knowledge of legal arguments and court procedures.

💡 Hiring a paralegal or lawyer can:

• Assess if you have a valid legal argument for appeal.
• Prepare your Appeal Book, Factum, and other court documents.
• Represent you in Divisional Court hearings.

Considering an appeal? Book a consultation with Carson Frankum to review your options.

6. Alternatives to an Appeal

If an appeal isn’t an option, consider:

⚖️ Requesting a Motion to Set Aside the Judgment

• If you missed your trial, you may request the court to reopen your case.

⚖️ Negotiating a Settlement

• If both parties agree, you may settle instead of appealing.

⚖️ Filing a New Claim

• If new evidence emerges, you may start a new Small Claims case (if within the limitation period).

For help exploring options, read What to Do After Losing a Small Claims Case.

Final Thoughts: Is an Appeal Worth It?

Appealing a Small Claims Court decision is a serious legal process that requires strong legal reasoning—it’s not simply a second chance to argue your case. Before filing, consider whether a legal error occurred, the costs involved, and the likelihood of success.

🚀 Appeal if: You have solid legal grounds and a strong argument.🚦 Reconsider if: The ruling was fair, but you just disagree with the outcome.

For expert legal guidance, contact Carson Frankum to discuss your Small Claims appeal today.