Assessing Appeal Prospects
Comprehensive analysis of trial decisions to determine whether errors warrant appellate intervention, considering final vs. interlocutory orders, practical implications, and likelihood of success.
Jump to sectionLegal Solutions
Civil Appeals
Civil Appeals n. [Legal usage; from appellate law]
Proceedings in which a higher court reviews a lower court's decision in a non-criminal case to correct errors of law or procedural unfairness.
Grigoras Law provides comprehensive civil appeal representation for individuals, businesses, and organizations across Ontario. We conduct thorough reviews of trial records and reasons, identify reversible errors of law or fact, and deliver candid assessments of appeal prospects, timelines, and costs. When an appeal is warranted, we prepare meticulously researched records and factums, present clear and persuasive oral advocacy before appellate panels, and handle all related interlocutory motions—including stays of execution, extensions of time, and leave applications. Whether pursuing an appeal, defending a favorable judgment, or initiating a cross-appeal, we bring disciplined, strategic advocacy to the Divisional Court and the Court of Appeal for Ontario.
What We Do
Civil Appeals Services
Understanding Grounds of Appeal
Identification of errors of law, fact, or mixed questions, procedural irregularities, and jurisdictional defects that form the foundation of a compelling appellate case.
Jump to sectionAppeal Records & Factums
Strategic compilation of appeal records, transcripts, and books of authorities, paired with persuasive written factums that precisely articulate legal errors and relief sought.
Jump to sectionStandards of Review
Application of correctness, palpable and overriding error, and reasonableness standards to determine the level of deference owed to trial decisions and administrative tribunals.
Jump to sectionOral Advocacy & Outcomes
Focused oral submissions before appellate panels, responding to judicial questions, and securing remedies including reversals, variations, or orders for new trials.
Jump to sectionAppellate Motions & Procedures
Extensions of time, stays of execution, fresh evidence applications, motions to quash, and all interlocutory relief necessary to protect client interests during appeals.
Jump to sectionYour Legal Team
Your Civil Appeal Lawyers
Denis Grigoras
Counsel, Civil & Appellate Litigation
- Comprehensive review of trial records, reasons, and transcripts to identify reversible errors
- Strategic factum preparation addressing errors of law, fact, and mixed questions
- Oral advocacy before the Court of Appeal for Ontario and Divisional Court panels
- Interlocutory motions including stays of execution, extensions of time, and leave applications
- Representation for appellants, respondents, and cross-appeal parties in civil matters
Rachelle Wabischewich
Counsel, Civil & Appellate Litigation
- Appeal record compilation, exhibit organization, and transcript analysis
- Written factums applying standards of review (correctness, palpable and overriding error)
- Oral submissions calibrated to appellate time constraints and panel questions
- Fresh evidence applications, motions to extend time, and procedural relief
- Support for appellants and respondents across commercial, shareholder, and contract disputes
Representative Work
Selected Civil Appeal Matters
Anti-SLAPP appeal — respondent counsel
Court of AppealCounsel to Ontario clients resisting an appeal from a lower-court anti-SLAPP motion result.
Anti-SLAPP appeal — appellant counsel
Court of AppealCounsel to clients initiating an appeal challenging a lower-court anti-SLAPP decision.
Dismissal for delay — appeal as appellant
Court of AppealCounsel to client appealing a motion result dismissing the action for delay (different litigation counsel below).
Leave to appeal (Divisional Court) — consolidation order
Divisional CourtSuccessfully resisted a motion for leave to appeal from a lower-court consolidation ruling.
Leave to appeal — fraud grounds
Divisional CourtCounsel to client seeking leave to appeal on alleged fraud grounds arising from motion proceedings below.
Insights & Coverage
Media & Publications
Appellate guides & procedure
Case notes & commentary
Table of Contents
Civil Appeals
A civil appeal is a formal process through which a party to a non-criminal lawsuit requests that a higher court review the decision of a lower court. Unlike at trial, where the judge or jury assesses witnesses and evidence firsthand, an appeal typically revolves around legal arguments made through written submissions (factums) and brief oral advocacy. The primary question for the appellate court is whether the trial judge made a legal or factual error that materially affected the outcome of the case.
Purpose of Civil Appeals
01
Error Correction
Provides a structured mechanism to challenge mistakes in the application or interpretation of the law. If a judge misunderstood a statute, applied the wrong legal test, or erred in a way that affected the outcome, the appellate court can rectify that mistake.
02
Law Development
Appellate courts refine and clarify legal principles, setting precedents that guide lower courts in future disputes. This process fills gaps, resolves conflicts in prior decisions, and brings clarity to unsettled legal questions.
03
Fairness & Consistency
Ensures that flawed rulings can be examined and potentially overturned, reinforcing public trust in the courts and the principle that similar cases should be treated alike — promoting predictability throughout the legal process.
Types of Civil Appeals
| Type | When It Applies | Permission Required? |
|---|---|---|
| Appeal as of Right | Final judgment that resolves all or most substantive issues; finalizes the rights of the parties | No — may be filed without court permission |
| Appeal with Leave | Interlocutory or preliminary orders; cases where the error is significant or the legal question is of broader importance | Yes — must bring a motion for leave (permission) first |
| Cross-Appeal | Respondent believes the judgment contained separate or additional errors not raised by the appellant | Follows same rules as primary appeal (as of right or with leave depending on the order) |
Understanding the Ontario Court System for Civil Appeals
In Ontario, civil appeals can arise out of decisions by the Superior Court of Justice, the Small Claims Court, or various specialized tribunals. Generally, the path you take will depend on the nature of the dispute, the legislation governing your case, and the level of court or tribunal that issued the initial decision.
Divisional Court
Jurisdiction: Hears appeals from the Superior Court of Justice in certain civil matters, typically where the amount in dispute falls below a specific threshold, or where the order appealed from is interlocutory. It also hears appeals from the Small Claims Court above certain monetary limits.
Panel Composition: The Divisional Court usually sits in panels of one or three judges, depending on the complexity and importance of the appeal.
Leave to Appeal: Some appeals to the Divisional Court require leave (permission) if the matter involves procedural or interlocutory rulings.
Court of Appeal for Ontario
Highest Court in Ontario: The Court of Appeal reviews decisions from the Superior Court and Divisional Court that meet the thresholds for appellate intervention.
Three-Judge Panel (Typically): Most appeals are heard by a panel of three judges, though more judges may sit if the case involves issues of significant public importance or conflicts in the law.
Precedent-Setting Role: Rulings of the Court of Appeal for Ontario are binding on lower courts across the province unless overturned by the Supreme Court of Canada.
Supreme Court of Canada
Nation's Highest Court: Parties can sometimes appeal from the Court of Appeal for Ontario to the SCC, but most such appeals require leave to appeal from the Supreme Court itself.
Public Importance Criterion: The SCC focuses on cases that raise issues of national significance or present unsettled points of law. It grants leave sparingly, and for most Ontario civil matters the Court of Appeal is the final stop.
When Can You Appeal?
Final vs. Interlocutory Orders
A final order disposes of the case entirely or deals with a substantial part of it — such as a judgment granting damages or injunctive relief — and can usually be appealed as of right. An interlocutory order addresses preliminary or procedural matters (discovery disputes, evidentiary rulings) and typically requires leave to appeal. This permission requirement discourages excessive interruptions in litigation and ensures that only significant issues reach appeal before the matter is fully resolved at trial.
Practical considerations before filing include whether there is a strong legal or evidentiary basis to challenge the decision, the financial implications of appellate proceedings, the realistic likelihood of success given that appellate courts defer to the trial judge's factual findings unless there is a palpable and overriding error, and how the process could impact your personal or professional life given that it can prolong litigation and divert time and resources.
The route your appeal follows can also vary based on statutory requirements and monetary thresholds. For instance, an appeal from the Small Claims Court may be heard in the Divisional Court if it meets certain dollar criteria, whereas higher-value judgments from the Superior Court often head directly to the Court of Appeal. Understanding these jurisdictional rules ensures that you file in the correct court and avoid costly procedural missteps.
Strict Deadlines and Leave Requirements
Filing Deadlines
Civil appeals must generally be filed within 30 days from the date the judgment or order is entered. Certain specialized statutes impose shorter windows (15 or 10 days) while some administrative contexts permit longer periods. Missing the deadline usually forfeits the right to appeal. Extensions require showing a good-faith intention to appeal within the original timeframe, a compelling reason for the delay, no significant prejudice to the other side, and at least some merit in the proposed appeal.
Leave to Appeal
Where an order requires special permission, a motion for leave to appeal must be filed in the appropriate appellate court, establishing that the appeal raises a legal issue of broad importance, presents a credible error in law, or has a reasonable prospect of success. Leave motions themselves have tight deadlines — sometimes as short as the standard 30-day period. If leave is denied there is no right to proceed unless another statute provides a secondary route. Meticulous preparation at this stage is critical.
Identifying Your Grounds of Appeal
| Ground | Standard of Review | Key Examples |
|---|---|---|
| Error of Law | Correctness — no deference | Misinterpretation of a statute; wrong legal test applied; incorrect burden of proof |
| Error of Fact | Palpable and overriding error — high deference | Conclusion plainly wrong on the record; key evidence ignored or unjustifiably dismissed; fundamental misapprehension of the facts |
| Mixed Fact and Law | Deference, but intervene if legal analysis fundamentally flawed | Erroneous factual matrix distorting application of correct legal principles; legal conclusion deviating from established precedent |
| Procedural Irregularity | Correctness on jurisdictional issues; fairness assessed contextually | Denied procedural fairness; improperly barred evidence; judicial bias; lack of jurisdiction |
Appellate courts pay particular attention to errors of law, applying a correctness standard that gives no deference to the trial judge's interpretation. Factual errors must be palpable and overriding — plainly wrong on the record and having materially affected the outcome — because trial judges are best positioned to assess witness credibility firsthand. Mixed questions require showing that the legal component was incorrectly applied or that the underlying factual findings were palpably wrong. Procedural irregularities strike at the heart of a fair hearing and can be just as decisive as substantive errors.
The Steps in a Civil Appeal
01
Notice of Appeal
Formally commences the appellate process. Must specify the decision being appealed, the alleged errors, and the relief sought (reversal, modification, or new trial). Must be served on all parties and filed within strict timelines. Where leave is required, a motion for leave replaces or precedes the notice.
02
Appeal Record & Transcripts
The appellant compiles the Appeal Record — pleadings, orders, reasons for judgment, and significant exhibits. Where grounds involve factual or evidentiary errors, transcripts of witness testimony or oral rulings become essential to show whether the trial judge's factual findings merit intervention.
03
Factums
The heart of the appeal. The appellant's factum explains why the lower court's decision should be overturned, citing errors in law or fact and relevant authorities. The respondent's factum defends the original judgment. An optional reply factum may address significant new issues raised by the respondent.
04
Book of Authorities
Compiles all statutes, regulations, and judicial decisions relied upon in the written submissions, making it easy for the appellate panel to cross-reference the legal sources underpinning each side's arguments.
05
Pre-Hearing Motions
Either party may bring additional motions before the hearing — a motion to stay execution to pause enforcement, a motion to quash to dismiss an unmeritorious appeal at an early stage, or motions for directions to resolve procedural uncertainties.
06
Oral Hearing & Decision
Both parties present concise oral arguments to a panel. Court time is limited — typically 15–30 minutes per side. The panel may reserve its decision, delivering written reasons weeks or months later. The court may dismiss the appeal, allow it by reversing or varying the order, or order a new trial.
Standards of Review in Civil Appeals
Correctness
Applies to pure questions of law. The appellate court considers the legal issue de novo, giving no deference to the trial judge's interpretation. Used for statutory interpretation, application of precedents, and outlining legal tests. Ensures foundational legal principles remain consistent across the judicial system.
Palpable and Overriding Error
Applies to factual determinations. The appellate court intervenes only if the finding is plainly wrong or lacks any reasonable basis in the evidence — and the error must be significant enough to have affected the overall outcome. Defers to the trial judge's advantage in observing witness credibility firsthand.
Mixed Questions
The reviewing court typically defers to factual findings unless the legal component was incorrectly applied or the underlying facts were palpably wrong. If the lower court's reasoning was illogical or fundamentally inconsistent with the record, the appellate court may intervene to correct the resulting legal error.
Why Standard of Review Matters
Categorizing each ground of appeal correctly before filing is critical to appellate strategy. Demonstrating that a dispute presents a pure question of law opens the door to stricter scrutiny from the bench, whereas appealing factual matters requires demonstrating clear and significant mistakes at trial. Counsel must align every argument in the factum with the applicable standard of review — a factum that conflates standards or applies the wrong level of deference is a significant weakness on appeal.
Outcomes and Remedies
| Outcome | What It Means | Typical Cost Consequence |
|---|---|---|
| Appeal Dismissed | Lower court decision upheld; original judgment remains intact | Appellant typically pays respondent's costs |
| Appeal Allowed — Varied | Damage award adjusted, remedy modified, or order altered to correct the error found | Respondent typically pays appellant's costs |
| Appeal Allowed — New Trial | Sent back to the lower court for a fresh hearing; reserved for significant procedural or substantive errors that impaired a fair hearing | Costs may be reserved to the trial judge |
| Other Relief | Injunctive relief, declaratory judgment, or any order necessary to achieve a just result — the court has broad discretion to fashion tailored remedies | Varies with the nature of the order |
Appeals-Related Motions and Procedures
Motion to Extend Time
When a party misses an appeal deadline, they must show: a genuine intention to appeal within the original timeframe, a reasonable explanation for the delay, at least some merit in the proposed appeal, and no undue prejudice to the respondent. Courts weigh these factors carefully to avoid undermining the importance of clear procedural deadlines.
Motion to Stay Execution
Pauses enforcement of the lower court's order while the appeal is pending. The court evaluates whether the appellant will suffer irreparable harm without a stay, where the balance of convenience lies, and any public interest considerations. Strong appeal prospects and clear evidence of irreparable harm increase the likelihood of success.
Fresh Evidence Motion
Appellate courts may admit new evidence in rare cases. The Palmer test requires showing: the evidence could not have been discovered through reasonable diligence prior to trial; it is credible and relevant; and it could materially affect the outcome of the appeal. Courts are wary of reopening the trial record without a compelling reason.
Motion to Quash
A respondent may seek to dismiss the appeal at an early stage on jurisdictional grounds, on the basis that the appeal is frivolous, or due to procedural deficiencies such as missing deadlines or improper service. If granted, the appeal is dismissed without a full hearing on the merits, preserving judicial resources for viable claims.
Costs in Civil Appeals
Costs in civil appeals generally follow the principle that costs follow the event — the losing party is typically required to pay a portion of the successful party's legal fees and disbursements. The rationale is that a winning litigant should not be out of pocket for having to defend a valid position on appeal. The exact amount is subject to the appellate court's discretion and is influenced by several factors:
- The complexity of the issues and any novel legal questions requiring extensive research;
- The reasonableness of positions taken — parties who launch unnecessary motions or make frivolous arguments may face elevated awards;
- Partial success, which may result in an adjusted award reflecting the mixed outcome;
- An order for security for costs, available where there is reason to believe the appellant cannot pay a cost award (for example, if the appellant is outside the jurisdiction or has limited financial resources) — the appeal may be stayed until security is provided.
Post-Appeal Considerations
Enforcement of Judgments
The successful party may need to take additional steps to enforce or collect on an affirmed or varied judgment — registering the judgment, garnishing wages, or conducting other post-judgment procedures. The unsuccessful party should comply promptly to avoid interest penalties or further enforcement orders.
Further Appeals (SCC)
Leave to appeal to the Supreme Court of Canada is possible after a Court of Appeal decision, but applicants typically have 60 days to file and must demonstrate that the case raises issues of national or broad legal importance. The SCC grants leave sparingly — most Ontario civil matters end at the Court of Appeal level.
Settlement During or After Appeal
Parties may settle during the appellate process or after the decision to avoid mounting costs, reduce stress, and achieve faster resolution. Possible terms include smaller payments, structured arrangements, or alternative dispute resolution. Once the appeal is formally dismissed by consent, finality is achieved — neither party can resurrect the case in the future.
Common Questions
F.A.Q.
Disclaimer: The answers provided in this FAQ section are general in nature and should not be relied upon as formal legal advice. Each individual case is unique, and a separate analysis is required to address specific context and fact situations. For comprehensive guidance tailored to your situation, we welcome you to contact our expert team.
In Ontario, the deadline to file a Notice of Appeal in most civil matters is typically 30 days from the date the final judgment or order is issued (or "entered"). This timeframe is set out under the Rules of Civil Procedure. However, certain exceptions can apply. For example, if a specific statute governs your dispute—such as a specialized administrative or regulatory regime—the filing period might be shorter or longer. It is essential to read the legislation that applies to your case or consult with legal counsel to confirm the correct deadline.
If you miss your filing deadline, you may lose the right to appeal altogether. In very limited circumstances, you can bring a motion to extend time, but you must show compelling reasons for your delay and demonstrate that it would be in the interests of justice to allow a late filing. Courts are not always sympathetic to missed deadlines, so it is crucial to move quickly if you plan to appeal.
While 30 days may seem like a generous period, preparing a strong Notice of Appeal often requires thorough review of the trial record and a clear articulation of your grounds of appeal. Gathering necessary documents and transcripts can be time-consuming, especially if the trial was lengthy. Securing legal advice early ensures you understand the procedural steps required and have adequate time to prepare. If you are uncertain about timelines, it is always prudent to consult a lawyer who regularly handles civil appeals, as missing a key deadline could prevent your appeal from ever being heard.
In Ontario, not all judgments are automatically appealable. While you may appeal certain final orders or judgments "as of right," other orders—particularly interlocutory (or interim) decisions—require permission from the court, known as "leave to appeal." Determining whether an order is final or interlocutory can be more nuanced than it sounds. If an order disposes of the entire matter or a substantial portion of it, it is typically final and does not require leave. Conversely, if the order deals with procedural questions or interim remedies, leave is generally required.
When leave is necessary, you must file a motion for leave to appeal within strict timelines (often within the same 30-day window or even shorter, depending on the nature of the order). In this motion, you must persuade the appellate court that your proposed appeal raises significant legal questions, has a reasonable chance of success, or is otherwise in the interests of justice to be heard. Courts do not grant leave lightly, since they want to prevent unnecessary delay and ensure appellate resources are reserved for cases with serious legal implications.
The process for seeking leave usually involves preparing a detailed motion record that includes the order you wish to appeal, relevant materials from the lower court, and a factum (written argument) explaining why leave should be granted. If the court agrees, you then proceed with a standard appeal. If the court denies leave, you cannot appeal further on that issue. Because securing leave to appeal can be a critical turning point, it is wise to consult an appellate lawyer who can assess the strength of your arguments and present them in the most compelling way possible.
In most civil appeals, the appellate court does not re-try the case, call new witnesses, or hear fresh evidence. Instead, appeals focus on whether the trial judge or lower court made an error—either in applying the law or in making factual findings that were not reasonably supported by the record. Appellate courts typically review the existing transcripts and exhibits from the trial to assess whether significant mistakes occurred that warrant reversing or modifying the decision. The rationale behind this approach is that the trial judge has the advantage of hearing live testimony, observing witness demeanor, and considering evidence in real time. Appellate courts usually give deference to factual findings unless they are clearly wrong (palpable and overriding error).
However, in rare circumstances, an appellate court may allow fresh evidence through what is often called a "motion to admit new evidence." Under Ontario law, and guided by well-established legal tests (like the Palmer test), you must demonstrate that this evidence was not discoverable at trial with reasonable diligence, that it is highly relevant, and that it could very likely affect the outcome of the appeal. This is a high bar to clear. Moreover, even if the new evidence meets these criteria, courts remain cautious about undermining the trial process and opening the door to endless re-litigation. If you believe there is essential evidence that was overlooked at trial, it is crucial to speak with your appellate counsel early to gauge whether it can be introduced on appeal. More often than not, a civil appeal is confined to the record as it stood at trial, emphasizing the importance of preparing a thorough case from the outset.
The length of a civil appeal can range from a few months to well over a year, depending on multiple factors. First and foremost, the complexity of the underlying trial record has a significant impact. If your trial spanned several weeks with dozens of witnesses, transcripts alone can run into thousands of pages, requiring considerable time for review by both the appellant and the respondent. Appellate courts also have busy dockets, and scheduling a hearing depends on court availability, the urgency of the matter, and how promptly all parties complete their required filings.
In Ontario, once you file your Notice of Appeal, you generally have specific timelines for serving and filing your Appeal Record, transcripts, and factum. The respondent then has a set period to file their materials. Delays can arise if either side requests extensions or if motions (such as a stay of the original order, a motion to admit fresh evidence, or a motion for directions) must be heard along the way. Each of these procedural steps adds to the overall timeframe.
Moreover, after the oral hearing, the court may reserve judgment, meaning it will issue a written decision at a later date rather than immediately. Depending on the complexity of the legal questions, the panel may take weeks or even months to finalize and release their reasons for decision. Such deliberation reflects the appellate court's commitment to ensuring that the law is accurately applied and that thorough analysis guides every outcome.
Because of these variables, it is difficult to predict exactly how long a specific appeal will last. Consulting with an appellate lawyer can give you a better estimate based on factors like the volume of evidence, the nature of the legal issues, and any potential procedural hurdles that may arise. Ultimately, the best approach is to stay proactive, meet all deadlines, and maintain clear communication with the court and opposing counsel to minimize avoidable delays.
If you lose your appeal, the appellate court will typically confirm or "uphold" the original judgment or order from the lower court. In practical terms, this means you must comply with the initial ruling—such as paying damages, changing business practices if injunctive relief was granted, or accepting whatever relief was awarded to the opposing party. You may also be responsible for the opposing party's costs associated with the appeal, which can include legal fees and disbursements. The exact amount is determined by the court and often follows the principle that "costs follow the event," meaning the unsuccessful party pays at least a portion of the successful party's costs.
In some cases, an unsuccessful appellant can seek leave to appeal to a higher court, such as the Supreme Court of Canada (SCC). However, the SCC grants permission to appeal only if the case raises issues of national importance or unsettled law, which means that most appeals do not proceed beyond the provincial or territorial court of appeal. Additionally, the SCC typically hears a relatively small number of civil appeals each year, and the threshold to obtain leave is high. Your lawyer will help assess whether your case meets the criteria and prepare a leave application if warranted. If leave is denied, there are usually no further avenues within the Canadian court system to challenge the appellate decision.
Losing an appeal is undoubtedly disappointing and can have significant financial or personal consequences. Despite the outcome, it may still be worthwhile to consult with your legal team on any remaining options—whether that means exploring settlement negotiations, adjusting your business strategies to comply with the judgment, or even seeking legislative or administrative remedies if applicable. Each situation is unique, and understanding the post-appeal landscape is critical for moving forward in a strategic and informed manner.
Civil Appeals
Ready to appeal?
If you believe a trial decision contains reversible errors or if you need to defend a favorable judgment on appeal, Grigoras Law can help. We conduct thorough record reviews, prepare persuasive factums, and deliver focused oral advocacy before the Court of Appeal for Ontario and Divisional Court.
- Error Identification
- Factum Preparation
- Oral Advocacy
- Standards of Review
- Stay of Execution
- Extension of Time
- Leave Applications
- Cross-Appeals
