Can you appeal a Small Claims Court judgment?

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 when the judgment is for more than $5,000. At or under that amount, the judgment is final, with narrow exceptions.

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.
• After a trial, a party can move for a new trial within 30 days. The grounds are narrow: an arithmetic error in the damages, or evidence that was not available at trial.

What an appeal is, and is not

An appeal is not a second trial. The Divisional Court reviews the judgment for errors of law, and for clear and serious errors of fact. The court can receive new evidence only in a proper case. 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. Note the deadline: serve the notice of appeal within 30 days after the judgment, and file it within 10 days after service.
3. Budget the fees: the Small Claims office charges $105 to send the file to the Divisional Court. Divisional Court fees are extra: $138 to file the notice of appeal, and $645 to perfect the appeal.
4. Delivery of the notice of appeal stays the payment part of the judgment until the appeal ends. A judge can lift the stay.
5. If you cannot appeal, you can still negotiate payment terms.

Deadlines and fees

• Appeal threshold: the judgment must be more than $5,000.
• Notice of appeal: serve within 30 days; file within 10 days after service.
• Send the file to the Divisional Court: $105.
• Postjudgment interest runs while you decide: 4.0% in 2026.

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.

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.

Free tools

• Check if your claim is worth it: /check
• Write a demand letter: /demand-letter
• Fill in your court forms: /build/7a
• Calculate your deadlines: /calculators/deadlines