Guides · reviewed 2026-09-04

Can you appeal a Small Claims Court judgment?

Legal information, not legal advice. Results depend on the facts of your case.

Legal information, not legal advice. This guide and our free tools give legal information. They do not give advice about your case. A licensed lawyer can give legal advice.

The answer

You can appeal to the Divisional Court only from a final order over $5,000, not counting costs. The same limit applies to personal property worth more than $5,000. At or under that amount, there is no appeal. Other routes can still apply.

The routes after a judgment

  • A judgment over $5,000: an appeal to the Divisional Court.
  • A default judgment against you: a motion in Small Claims Court to set it aside. This is not an appeal.
  • A judgment made when you missed the trial: a motion to set it aside within 30 days after you learn of it.
  • After a trial: a motion for a new trial within 30 days of the final order. There are 2 narrow grounds: an arithmetical error in the damages, or relevant evidence that was not reasonably available at the trial.

What an appeal is, and is not

An appeal is not a second trial. The Divisional Court reviews the judgment for errors, on the record from the trial. How strictly it reviews each kind of error is a legal question. If you lose the appeal, the court can order costs against you.

What to do

  1. Get legal advice first. Appeal rules are strict, and the costs risk is real.
  2. Serve a notice of appeal within 30 days after the order was made.
  3. Budget the fees. The notice of appeal costs $138, perfecting the appeal costs $645, and the Small Claims office charges $105 to send the file.
  4. The notice of appeal stays the part of the order that requires a payment of money, until the appeal is decided. It does not stay a default judgment when the appeal is from a refusal to set it aside.
  5. If you cannot appeal, you can still negotiate payment terms, or ask the court to set terms.

Deadlines and fees

  • Appeal threshold: the order must be for more than $5,000, not counting costs.
  • Notice of appeal: 30 days after the order.
  • Fees: $138 notice of appeal, $645 perfecting, $105 file transfer.
  • Postjudgment interest runs while you decide: 4.0% for a 2026 judgment.

Common mistakes

  • Do not appeal because you disagree with the result. You need an error, not a complaint.
  • Do not miss the 30 days.
  • Do not confuse a set-aside motion with an appeal. They are different routes.
  • Do not ignore the judgment while you think. Interest runs, and enforcement can start unless a stay applies.

When to get a lawyer

Get legal advice before you start an appeal. This is the step where a lawyer matters most. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

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