1. Identify the decision and correct remedy
Collect the signed order, reasons, hearing date, pleadings and relevant evidence. Record when the order was made and when you learned of it. Ask what was actually decided: default, a trial judgment, a procedural motion or an enforcement issue. Different remedies apply, and a letter asking the judge to reconsider is not a substitute.
Seek advice promptly if the consequences are significant. An appeal is generally a review for an appealable error using the record, not a second chance to present a better case or introduce evidence you could have brought to trial.
Official reference: Ontario: appeals heard by Divisional Court
2. Check whether an appeal is available
Qualifying final Small Claims Court orders go to Divisional Court. Section 31 of the Courts of Justice Act and the applicable regulation govern eligibility. The current monetary threshold is more than $5,000, with rules concerning actions for payment of money or recovery of personal property. Check the amount and nature of the action and the particular order; do not decide eligibility solely from the net amount awarded.
Not every order can be appealed through this route. Jurisdiction, grounds, standard of review and the relief sought need separate analysis. Obtain advice before spending money on transcripts or assuming a small award prevents an appeal.
Official reference: Ontario: starting a Divisional Court appeal
3. Preserve appeal deadlines and the record
For an ordinary civil appeal, the starting timetable generally requires serving the prescribed notice and evidence certificate within 30 days after the order, then filing within 10 days after service on all respondents. Exceptions, extensions and specialized directions can apply. Check the current Divisional Court guide and rules for your case immediately.
Use the current appeal forms and arrange the required record, reasons, transcripts, proof of service and later perfection steps. Do not use a Small Claims motion form to start an appeal. Ask about the applicable stay rules if enforcement is a concern; do not assume that discussing an appeal stops collection.
Official reference: Courts of Justice Act, including sections 29 and 31
4. Distinguish missed-trial and new-trial motions
A party who missed trial may, in the circumstances allowed by the Rules, move to set aside or vary the resulting judgment. The ordinary period is 30 days after becoming aware of the judgment, unless extended. Explain the absence and address the applicable test.
A motion for a new trial has narrow grounds and is generally required within 30 days after the final trial order, unless the court orders otherwise, with the required transcript-request material. Default relief under Rule 11.06 is a different process requiring prompt action. None of these routes guarantees a fresh hearing simply because the result was disappointing.
Official reference: Ontario: getting ready for court
Your next-step checklist
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General information for Ontario, not advice about your case. Legislation, court orders and current court directions govern. Get help with your situation.