What Can Be Appealed to the Divisional Court in Ontario

Hi Everyone, it's Kristy from Clearly Legal.

Let's take a closer look at what goes to Divisional Court, and the Courts of Justice Act, R.S.O. 1990, c. C. 43.

The Final Order and the Interlocutory Order

A final order finally determines the issues of the law suit, it is (barring this appeal possibility) the final decision of the court.

An interlocutory order determines issues within the law suit. It does not finally dispose of the matter.

Section 19 of the CJA

The Final Order of a Judge of the Superior Court of Justice

The Final Order of a Judge of the Family Court, based on an Act or Regulation in the Province of Ontario.

The Interlocutory Order of a Judge in Superior Court, with leave

The Final Order of an Associate Judge.

Section 31 of the CJA

The Final Order of a Small Claims Court Action, for orders where the award was for money or the recovery of personal property in excess of the Small Claims Amount ($50,000.00).

Other Legislation

The Construction Act, R.S.O. 1990, c. C. 30 - a judgment or an order on a motion to oppose confirmation of a report.

Appeal to Divisional Court

71 (1) Except as otherwise provided in this section, an appeal lies to the Divisional Court from a judgment or an order on a motion to oppose confirmation of a report under this Act.  R.S.O. 1990, c. C.30, s. 71 (1); 2017, c. 24, s. 49 (1).

The Business Corporation Act, R.S.O, 1990, c. B. 16 - an order.

Appeal

255 An appeal lies to the Divisional Court from any order made by the court under this Act.  R.S.O. 1990, c. B.16, s. 255.

The Assessment Act, R.S.O, 1990, c. A. 31 - a determination made under 46

Appeal to Divisional Court

(4) An appeal lies to the Divisional Court from the judgment of the Superior Court of Justice.  R.S.O. 1990, c. A.31, s. 46 (4); 2001, c. 23, s. 3 (2).

The Tribunals

Appeals from final orders of the Landlord and Tenant Board

Appeals from proceedings before the Health Professions Appeal and Review Board concerning registration or proceedings before a panel of the Discipline or Fitness to Practise Committee

Appeals from a final decision of the Licence Appeal Tribunal

Appeals from a hearing before the License Appeal Tribunal under Part IX of the Child, Youth and Family Services Act, 2017

Appeals from a decision of the Social Benefits Tribunal - Section 31(1) of the Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, Sched. B

Appeals from a decision of the Social Benefits Tribunal - Section 36(1) of the Ontario Works Act, 1997, S.O. 1997, c. 25, Schedule A.

Appeals are manageable. Yes, they are. Lawyers, let me show you how I break out each task to be just another summary, memo, brief. Contact me at kristy@clearlylegal.ca and we'll chat.

Disclaimer: This post provides general information about alternative service of legal documents from a law clerk. It is not legal advice. For advice specific to your situation, please consult a lawyer or active licensed paralegal