It is your responsibility to make sure that the Divisional Court has jurisdiction over your appeal, meaning it is the court that has the authority to hear your type of case. If you are unsure if your appeal should go to the Divisional Court, you should seek legal advice.

The Divisional Court may hear the following types of appeals:

Appeals from certain final orders of judges of the Superior Court of Justice (including the Family Court branch)

Under sections 19(1) and 19(1.2) of the Courts of Justice Act, an appeal goes to the Divisional Court from a “final order” of a judge of the Superior Court of Justice, if the order:

  • is for a single payment of $50,000 or less, excluding costs
  • is for periodic payments that amount to $50,000 or less for over the course of 12 months starting on the date the first payment is due, excluding costs
  • dismisses a claim for $50,000 or less
  • dismisses a claim for more than $50,000 where the judge or jury indicates that if the claim had succeeded, they would have awarded $50,000 or less
  • is made by a judge of the Family Court branch of the Superior Court of Justice under an Ontario law or regulation of Ontario

Note: the appeal goes to the Court of Appeal if:

  • a judge makes an order under federal family law legislation (for example, the Divorce Act)
  • the order involves interjurisdictional decision-making responsibility, parenting time or contact, including orders made in accordance with the Convention on the Civil Aspect of International Child Abduction

Appeals from interlocutory orders

Interlocutory orders are orders that are not final. Under section 19(1) of the Courts of Justice Act, an appeal from an interlocutory order of a judge of the Superior Court of Justice goes to the Divisional Court only after the party who wants to appeal gets "leave" (permission) of the court to do so.

To request leave to appeal, the party must bring a motion before the Divisional Court Refer to Rule 62.02 of the Rules of Civil Procedure (rules).

Appeals from associate judges' orders

Under section 19(1) of the Courts of Justice Act, an appeal from a final order of an associate judge goes to the Divisional Court.

Combined appeals from the Superior Court of Justice

Under section 19(2) of the Courts of Justice Act, an appeal to the Superior Court of Justice and an appeal to the Divisional Court within the same proceeding may be combined and heard by the Divisional Court. If an appeal has been started in the Superior Court of Justice, a motion may be brought to transfer it to the Divisional Court for the purpose of a combined appeal.

Appeals from a final order of the Small Claims Court

According to section 31 of the Courts of Justice Act and O. Reg. 343/19 Small Claims Court Jurisdiction and Appeal Limit under the Courts of Justice Act, an appeal goes to the Divisional Court from a final order of the Small Claims Court in an action for either:

  • the payment of money in excess of $3,500, excluding costs
  • the recovery of possession of personal property exceeding $3,500 in value

Statutory Appeals

The appeals described above are provided for in the Courts of Justice Act. However, other Ontario laws also provide for appeals to the Divisional Court from the decisions of various tribunals and statutory decision makers. Some examples include:

If your case was decided by the Licence Appeal Tribunal, an appeal to the Divisional Court is available if the decision is related to the laws listed in section 11 of the Licence Appeal Tribunal Act, 1999. Examples include:

Many statutes relating to professional disciplinary matters also provide for appeals to the Divisional Court. For example:

It is necessary to read the specific legislation before deciding whether an appeal to the Divisional Court is the correct appeal route.