When is leave required?

Leave to appeal is required for appeals from interlocutory orders of the Superior Court (Rule 62) and for certain tribunal appeals where the statute requires it.

How long do I have to appeal?

30 days from the date of the order under appeal for most statutory appeals (RTA s. 210(1), HRC s. 45.7). Extensions are granted on motion under Rule 3.02.

Court / forum

Ontario Divisional Court — Appeals and Judicial Review

The Divisional Court is a branch of the Superior Court of Justice that hears statutory appeals from administrative tribunals and applications for judicial review under the Judicial Review Procedure Act. Three-judge panels sit in Toronto, Ottawa, London, and Kitchener.

Statutory appeals

Appeals from the Landlord and Tenant Board (RTA s. 210), Human Rights Tribunal of Ontario (HRC s. 45.8), Law Society Tribunal (LSA s. 49.38), College of Trades, WSIAT, and others. Limited to questions of law. Initiated by a Notice of Appeal in Form 61A.1.

Judicial review

A discretionary remedy under the Judicial Review Procedure Act. Used when no statutory appeal route exists or where the appeal route is inadequate. The standard of review is correctness on questions of law or reasonableness on the merits per Vavilov.

Forms we auto-fill

Form 61A.1 — Notice of Appeal. Form 61C — Certificate Respecting Evidence. Form 61H — Certificate of Perfection. Form 16B.1 — Lawyer's Certificate of Service. The factum, appeal book, and compendium are drafter work — hire one through We Draft It.

Frequently asked questions

When is leave required?: Leave to appeal is required for appeals from interlocutory orders of the Superior Court (Rule 62) and for certain tribunal appeals where the statute requires it.
How long do I have to appeal?: 30 days from the date of the order under appeal for most statutory appeals (RTA s. 210(1), HRC s. 45.7). Extensions are granted on motion under Rule 3.02.

Browse Divisional Court forms