Grigoras Law's Toronto appeal lawyers built this page for the party who has just received a decision and must find out, within days, where the appeal goes and when it must be started. Choose who made the order and whether it is final or interlocutory, enter the day it was made, and the page states the route under the Courts of Justice Act and computes the dates under the Rules, in your browser, with nothing sent or stored. Our article on civil appeal deadlines in Ontario explains the same rules at length.
Every period here runs from the day the order was made, which is the day the judge pronounced the decision in court or released written reasons, rather than the day the formal order was signed and entered. Periods under the Rules of Civil Procedure are counted under rules 1.03 and 3.01, so Saturday, Sunday and the listed holidays are holidays, a last day that falls on one runs to the next day that is not, and a period of seven (7) days or less is counted without them. The statutory periods for judicial review and for the Supreme Court of Canada are counted under their own Acts.
Choose who made the order, say whether it is final or interlocutory, enter the day it was made, and the route and the dates appear here, the governing date first and the rule behind each date under a toggle. Where a last day falls on a Saturday, a Sunday or a holiday, the page shows the day by the count and the day the rule extends it to.
The day the order was made. The time for an appeal runs from the day the decision was pronounced, by oral or written reasons, rather than from the day the formal order was signed and entered, because the order binds the parties from pronouncement (rule 59.01); a costs decision reserved to a later day does not postpone the time for appealing the merits. Only where the judgment itself provides otherwise, or where something of substance was left to be settled, does the time run from entry (Byers (Litigation Guardian of) v. Pentex Print Master Industries Inc. (2003), 62 O.R. (3d) 647 (C.A.), at ¶¶ 31, 33-34, 36 and 43, as summarized in Fontaine v. Canada (Attorney General), 2012 ONCA 206, at ¶¶ 57-60; Permanent Investment Corp. v. Ops and Graham (Township), [1967] 2 O.R. 13 (C.A.)). The dates above assume the day you entered is the day of pronouncement.
Final or interlocutory. An interlocutory order does not determine the real matter in dispute, "the very subject matter of the litigation," but only some matter collateral; it may be final as to the question raised by the motion and still interlocutory if the merits remain to be determined (Hendrickson v. Kallio, [1932] O.R. 675 (C.A.), Middleton J.A.). The same motion can produce either kind of order; summary judgment granted is final, summary judgment refused is interlocutory. The characterization decides the court (the Court of Appeal or the Divisional Court as of right for a final order; the Divisional Court with leave for an interlocutory order of a judge; a judge of the Superior Court for an interlocutory order of an associate judge) and the period. An appeal taken to the wrong court may be transferred under s. 110 of the Courts of Justice Act or quashed, and the time does not stop meanwhile, so where the point is arguable the safe course is to meet the shorter period in the court the order points to and to raise the question with the registrar or on a motion.
Leave. Where leave is required, the appeal does not exist until it is granted, and the fifteen (15) days to serve the notice of motion are the period that matters. Leave to appeal an interlocutory order is granted only where there is a conflicting decision on the matter and leave is desirable, or where there is good reason to doubt the correctness of the order and the proposed appeal involves matters of such importance that leave should be granted (rule 62.02(4)); leave to appeal an order of the Divisional Court is the exception to the finality of that court's decisions, for an arguable question of law or mixed law and fact of general importance (Sault Dock Co. v. Sault Ste. Marie (City), [1973] 2 O.R. 479 (C.A.); Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131, at ¶¶ 19-20). Once leave is granted, the notice of appeal is delivered within seven (7) days, counted without holidays, and Rule 61 governs from there.
Service, then filing. The appeal is commenced by service of the notice of appeal and the appellant's certificate respecting evidence; the notice is then filed with proof of service within ten (10) days after service, and a notice served and not filed in time is deemed abandoned unless the court orders otherwise (rules 61.04(4) and 61.14(2)). The notice must set out the basis of the appellate court's jurisdiction, including whether the order is final or interlocutory and whether leave is needed (rule 61.04(3)). A respondent who wants the order varied, or other relief if the appeal succeeds, serves a notice of cross-appeal within fifteen (15) days after service of the notice of appeal (rule 61.07(1)).
Extensions. A time prescribed by the Rules for an appeal may be extended only by a judge of the appellate court (rule 3.02(3)), before or after it expires (rule 3.02(2)), or by the parties' written consent (rule 3.02(4)). The question is whether the justice of the case requires an extension, on all the circumstances, including whether the moving party formed an intention to appeal within the period, the length of and the explanation for the delay, prejudice to the responding party and the merits of the proposed appeal (Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131, at ¶ 15; Rizzi v. Mavros, 2007 ONCA 350), and lack of merit alone can be enough to refuse one (Enbridge, at ¶ 16). A period set by a statute is not extended under the Rules unless the statute allows it; the Judicial Review Procedure Act has its own power in s. 5(2) and the Supreme Court Act in s. 59.
The stay. Delivery of a notice of appeal from an interlocutory or final order stays any provision of the order for the payment of money, other than support, until the appeal is disposed of (rule 63.01(1)); it does not stay anything else. The rest of the order is stayed only by order of the court appealed from or a judge of the appellate court (rule 63.02(1)), and a stay granted by the court appealed from expires if no notice of appeal or notice of motion for leave is delivered in time (rule 63.02(2)). A stay does not prevent the order from being settled, issued and entered, costs from being assessed, or a writ of execution from being issued and filed, although the sheriff may not be instructed to enforce it (rules 63.03(2) and (3)). An order refusing to set aside a default judgment is not stayed by the appeal (rule 63.01(2)).
Saturdays, Sundays and holidays. Under the Rules, "holiday" means any Saturday or Sunday, New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, the Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any proclaimed holiday, with the following Monday (and, for Christmas on a weekend, Tuesday) observed when a listed day falls on a weekend and the Monday after a Friday Christmas (rule 1.03). A last day that falls on a holiday runs to the next day that is not one (rule 3.01(1)(c)); a period of seven (7) days or less is counted without holidays (rule 3.01(1)(b)); and service after 4 p.m. or on a holiday counts as service on the next day that is not a holiday (rule 3.01(1)(d)), which moves every date that runs from service. The thirty (30) days for judicial review are a statutory period, extended under ss. 89(1) and (2) of the Legislation Act, 2006 when the last day is a Sunday, a holiday or a day the court office is closed, Saturday included (Kapularic v. Longphee (1990), 42 C.P.C. (2d) 313 (Ont. H.C.J.); Ashford v. Johnson, 2014 ONSC 5825 (Div. Ct.)). The page computes the holidays of every year by rule. It cannot know a special holiday proclaimed by the Governor General or the Lieutenant Governor (rule 1.03; Legislation Act, 2006, s. 88(2), para. 12). No official list of such days exists; a proclamation would be published in The Ontario Gazette or the Canada Gazette, and none has been made in recent years (for September 19, 2022, the day of Queen Elizabeth II's funeral, the federal proclamation asked Canadians to set the day aside, and Ontario declared a day of mourning rather than a holiday). Nor can it know a day the courts close without a holiday. Since 2021 the Ontario courts have closed their counters on September 30, the National Day for Truth and Reconciliation, or on the following Monday when it falls on a weekend, under a yearly statement of the three Chief Justices, and a courthouse can close for weather or another emergency. Under s. 89(2) of the Legislation Act, 2006, a time limit that expires on a day the place for filing is not open during its regular hours runs to the next day it is open, but September 30 is not a holiday under s. 88 of that Act or rule 1.03 of the Rules of Civil Procedure, and the online portals stay open, so where a date on this page falls on it, act before it. The courts post their notices at ontariocourts.ca.
The Supreme Court of Canada. The sixty (60) days for an application for leave, and the thirty (30) days for a notice of appeal after leave, exclude the month of July (Supreme Court Act, s. 58(2)); a last day that is a Saturday, a Sunday or a federal holiday is carried to the next day the Registry is open under rule 2 of the Rules of the Supreme Court of Canada, which the page applies by approximation, and the Registry's year-end break (rule 5.1) is not applied here. Confirm the day with the Registry or a lawyer, and read the Court's own guide to applications for leave before filing.
Small Claims Court orders. An appeal lies only from a final order for the payment of money in excess of $5,000 excluding costs, or for the recovery of possession of personal property exceeding $5,000 in value (Courts of Justice Act, s. 31; O. Reg. 626/00, s. 2, as of October 1, 2025), and only on the record. Below that amount there is no appeal; the remedies are a motion for a new trial within thirty (30) days, on the two grounds in rule 17.04(5) of the Rules of the Small Claims Court (an arithmetical error in the damages, or relevant evidence that was not and could not reasonably have been available at the trial), and, where judgment was signed in default, a motion to set it aside under rule 11.06.
Judicial review and statutory appeals. The thirty (30) days in s. 5(1) of the Judicial Review Procedure Act apply unless another Act provides otherwise, and the court may extend them where there are apparent grounds for relief and no substantial prejudice or hardship will result from the delay (s. 5(2)). Where the statute under which the tribunal acted gives a right of appeal, the appeal, its court, any leave requirement and its period come from that statute, which the page does not compute; many such statutes allow thirty (30) days, some fifteen (15), and the court generally declines judicial review while an adequate appeal is available.
What the page does not compute. Appeals in family proceedings, which run under the Family Law Rules; criminal and provincial-offences appeals; appeals in bankruptcy and insolvency proceedings, which must be brought within ten (10) days under the Bankruptcy and Insolvency Act and its General Rules, and appeals under the Companies' Creditors Arrangement Act; appeals from tribunals under their own statutes; appeals and applications concerning arbitral awards, for which the firm's arbitration deadline calculator computes the dates; a motion to set aside or vary an order under rules 37.14 or 59.06; a review of a Registrar's order (rule 61.16(5)); and the time for a second appeal where a statute requires leave for it (Courts of Justice Act, s. 6(1.1)).
The Courts of Justice Act, R.S.O. 1990, c. C.43, and the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, as consolidated on e-Laws and current to October 21, 2026, with the two federal provisions the calculator applies.
Court of Appeal, Courts of Justice Act, s. 6(1)6(1) An appeal lies to the Court of Appeal from, (a) an order of the Divisional Court, on a question that is not a question of fact alone, with leave of the Court of Appeal as provided in the rules of court; (b) a final order of a judge of the Superior Court of Justice, except, (i) an order referred to in clause 19(1)(a) or (a.1), or (ii) an order from which an appeal lies to the Divisional Court under another Act; (c) a certificate of assessment of costs issued in a proceeding in the Court of Appeal, on an issue in respect of which an objection was served under the rules of court; (d) an order made under section 137.1.
Courts of Justice Act, R.S.O. 1990, c. C.43, s. 6(1)
Superior Court judge and Divisional Court, ss. 17, 19(1), (1.0.1) and (1.2)17 An appeal lies to the Superior Court of Justice from, (a) an interlocutory order of a master, case management master or associate judge; (b) a certificate of assessment of costs issued in a proceeding in the Superior Court of Justice, on an issue in respect of which an objection was served under the rules of court.
19(1) An appeal lies to the Divisional Court from, (a) a final order of a judge of the Superior Court of Justice, as described in subsections (1.1) and (1.2); (a.1) a final order of a judge of the Family Court made only under a provision of an Act or regulation of Ontario; (b) an interlocutory order of a judge of the Superior Court of Justice, with leave as provided in the rules of court; (c) a final order of a master, case management master or associate judge. (1.0.1) Clauses (1)(a) and (b) do not apply to orders made under section 137.1.
19(1.2) If the notice of appeal is filed on or after October 1, 2007, clause (1)(a) applies in respect of a final order, (a) for a single payment of not more than $50,000, exclusive of costs; (b) for periodic payments that amount to not more than $50,000, exclusive of costs, in the 12 months commencing on the date the first payment is due under the order; (c) dismissing a claim for an amount that is not more than the amount set out in clause (a) or (b); or (d) dismissing a claim for an amount that is more than the amount set out in clause (a) or (b) and in respect of which the judge or jury indicates that if the claim had been allowed the amount awarded would have been not more than the amount set out in clause (a) or (b).
Courts of Justice Act, ss. 17 and 19
Panels, Small Claims Court appeals and leave, ss. 21, 31 and 13321(1) A proceeding in the Divisional Court shall be heard and determined by three judges sitting together. (2) A proceeding in the Divisional Court may be heard and determined by one judge where the proceeding, (a) is an appeal under clause 19(1)(c); (b) is an appeal under section 31 from a person referred to in subsection 24(2) presiding over the Small Claims Court; or (c) is in a matter or class of matters that the Chief Justice of the Superior Court of Justice or a judge designated by the Chief Justice is satisfied, from the nature of the issues involved or the necessity for expedition, can and ought to be heard and determined by one judge.
31 An appeal lies to the Divisional Court from a final order of the Small Claims Court in an action, (a) for the payment of money in excess of the prescribed amount, excluding costs; or (b) for the recovery of possession of personal property exceeding the prescribed amount in value. [O. Reg. 626/00, s. 2: the prescribed amount is $5,000.]
133 No appeal lies without leave of the court to which the appeal is to be taken, (a) from an order made with the consent of the parties; or (b) where the appeal is only as to costs that are in the discretion of the court that made the order for costs.
Courts of Justice Act, ss. 21, 31 and 133; O. Reg. 626/00, s. 2
The notice of appeal, rules 61.04(1), (4) and 61.14(2); perfection, rule 61.09(1)61.04(1) An appeal to an appellate court shall be commenced by serving a notice of appeal in Form 61A.2 (Court of Appeal) or 61A.3 (Divisional Court) together with the certificate required by subrule 61.05(1), within 30 days after the making of the order appealed from, unless a statute or these rules provide otherwise, (a) on every party whose interest may be affected by the appeal, subject to subrule (1.1); and (b) on any person entitled by statute to be heard on the appeal. (4) The notice of appeal, with proof of service, shall be filed in accordance with subrule 4.05(4) (leaving in or mailing to court office) in the Registrar's office within ten days after service.
61.14(2) A party who serves a notice of appeal or cross-appeal and does not file it within ten days after service shall be deemed to have abandoned the appeal or cross-appeal, unless the court orders otherwise.
61.09(1) The appellant shall perfect the appeal by complying with subrules (2) and (3), (a) where no transcript of evidence is required for the appeal, within thirty days after filing the notice of appeal; or (b) where a transcript of evidence is required for the appeal, within 60 days after receiving notice that the evidence has been transcribed.
Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rules 61.04, 61.09 and 61.14
Leave to appeal, rules 61.03.1(3), (6), (16) and 62.02(1), (3), (4), (8)61.03.1(3) The notice of motion, (a) shall be served within 15 days after the making of the order or decision from which leave to appeal is sought, unless a statute provides otherwise; and (b) shall be filed with proof of service in the office of the Registrar within five days after service. (6) Within 30 days after filing the notice of motion for leave to appeal, the moving party shall file the motion record, factum and any transcripts and book of authorities, with proof of service. (16) Where leave is granted, the notice of appeal shall be delivered within seven days after the granting of leave.
62.02(1) Leave to appeal to the Divisional Court from any of the following orders or decisions shall be obtained from a panel of that court in accordance with this rule: 1. An interlocutory order of a judge of the Superior Court of Justice, under clause 19(1)(b) of the Courts of Justice Act. 2. A final order of a judge of the Superior Court of Justice for costs, under clauses 19(1)(a) and 133(b) of the Courts of Justice Act. 3. Any order or decision of a tribunal under a statute that provides that the order or decision may be appealed to the Divisional Court with leave of that Court, unless the statute provides for another procedure. (3) Subrules 61.03.1(2) and (3) apply, with necessary modifications, to the notice of motion for leave except that the notice shall be in Form 61A.
62.02(4) Leave to appeal from an interlocutory order shall not be granted unless, (a) there is a conflicting decision by another judge or court in Ontario or elsewhere on the matter involved in the proposed appeal and it is, in the opinion of the panel hearing the motion, desirable that leave to appeal be granted; or (b) there appears to the panel hearing the motion good reason to doubt the correctness of the order in question and the proposed appeal involves matters of such importance that, in the panel's opinion, leave to appeal should be granted. (8) Where leave is granted, the notice of appeal required by rule 61.04, together with the appellant's certificate respecting evidence required by subrule 61.05(1), shall be delivered within seven days after the granting of leave, and thereafter Rule 61 applies to the appeal.
Rules of Civil Procedure, rules 61.03.1 and 62.02
Appeals to a judge, rule 62.01(2); the stay, rule 63.01(1); time, rules 3.01(1) and 3.02(3)62.01(2) An appeal shall be commenced by serving a notice of appeal (Form 62A) on all parties whose interests may be affected by the appeal, within seven days after the making of the order or certificate appealed from. (3) The notice of appeal shall name the first available hearing date that is not less than seven days after the date of service of the notice of appeal, and rule 37.05 (hearing date for motions) applies, with necessary modifications.
63.01(1) The delivery of a notice of appeal from an interlocutory or final order stays, until the disposition of the appeal, any provision of the order for the payment of money, except a provision that awards support or enforces a support order.
3.01(1) In the computation of time under these rules or an order, except where a contrary intention appears, (a) where there is a reference to a number of days between two events, they shall be counted by excluding the day on which the first event happens and including the day on which the second event happens, even if they are described as clear days or the words "at least" are used; (b) where a period of seven days or less is prescribed, holidays shall not be counted; (c) where the time for doing an act expires on a holiday, the act may be done on the next day that is not a holiday; and (d) service of a document, other than an originating process, made after 4 p.m. or at any time on a holiday shall be deemed to have been made on the next day that is not a holiday.
3.02(3) An order under subrule (1) extending or abridging a time prescribed by these rules and relating to an appeal to an appellate court may be made only by a judge of the appellate court.
Rules of Civil Procedure, rules 3.01, 3.02, 62.01 and 63.01
Judicial review, Judicial Review Procedure Act, s. 5; the Supreme Court of Canada, Supreme Court Act, s. 58JRPA, s. 5(1) Unless another Act provides otherwise, an application for judicial review shall be made no later than 30 days after the date the decision or matter for which judicial review is being sought was made or occurred, subject to subsection (2). (2) The court may, on such terms as it considers proper, extend the time for making an application for judicial review if it is satisfied that there are apparent grounds for relief and that no substantial prejudice or hardship will result to any person affected by reason of the delay.
Supreme Court Act, s. 58(1) Subject to this Act or any other Act of Parliament, the following provisions with respect to time periods apply to proceedings in appeals: (a) in the case of an appeal for which leave to appeal is required, the notice of application for leave to appeal and all materials necessary for the application shall be served on all other parties to the case and filed with the Registrar of the Court within sixty days after the date of the judgment appealed from; and (b) in the case of an appeal for which leave to appeal is not required, a notice of appeal shall be served on all other parties to the case and filed with the Registrar of the Court within thirty days after the date of the judgment appealed from or, in the case of an appeal for which leave to appeal has been granted, the date of the judgment granting leave. (2) The month of July shall be excluded in the computation of a time period referred to in subsection (1).
Judicial Review Procedure Act, R.S.O. 1990, c. J.1, s. 5; Supreme Court Act, R.S.C. 1985, c. S-26, s. 58
Short answers to the questions that arrive with the decision. For anything specific to your situation, the answer has to come from a lawyer you have retained.
On the day after the order was made (rule 3.01(1)(a)), and the order is made when the judge pronounces the decision, in court or by releasing written reasons. The formal order is usually signed and entered weeks later, and that date does not start the time; nor does a later decision on costs (Byers v. Pentex Print Master Industries Inc. (2003), 62 O.R. (3d) 647 (C.A.), as summarized in Fontaine v. Canada (Attorney General), 2012 ONCA 206, at ¶¶ 57-60). The exception is a decision that leaves something of substance to be settled before there is an order at all; then the time runs from the settled order. If the judge reserved and released reasons by e-mail or through the court's portal, the day of release is the day.
An order is final if, as made, it finally disposes of the rights of the parties on the matter in dispute, or of a substantive claim or defence; it is interlocutory if it decides only a collateral matter and leaves the merits to be determined (Hendrickson v. Kallio, [1932] O.R. 675 (C.A.)). A judgment after trial, a summary judgment, the dismissal of an action or application and an order striking a pleading without leave to amend are final. An order refusing summary judgment, granting or refusing an injunction pending trial, deciding a motion on pleadings, discovery, security for costs or a stay, or adding a party is interlocutory, even where its practical effect is to end the litigation. The distinction is the commonest reason an appeal is quashed or sent to another court, and where it is arguable the safe course is to meet the shorter period. Our guide to Divisional Court appeals works through the cases.
In outline, for civil orders under the Courts of Justice Act.
| Order | Court and leave | Period |
|---|---|---|
| Interlocutory order of an associate judge | A judge of the Superior Court, as of right (s. 17(a)) | Seven (7) days, holidays not counted (rule 62.01(2)) |
| Final order of an associate judge | Divisional Court, as of right, one judge (ss. 19(1)(c), 21(2)(a)) | Thirty (30) days (rule 61.04(1)) |
| Interlocutory order of a Superior Court judge | Divisional Court, with leave of a panel (s. 19(1)(b); rule 62.02) | Fifteen (15) days to serve the motion for leave; seven (7) days after leave for the notice of appeal |
| Final order of a Superior Court judge for $50,000 or less, or dismissing a claim for $50,000 or less | Divisional Court, as of right, three judges (ss. 19(1)(a), (1.2), 21(1)) | Thirty (30) days (rule 61.04(1)) |
| Any other final order of a Superior Court judge; an order under s. 137.1 | Court of Appeal, as of right (ss. 6(1)(b), (d)) | Thirty (30) days (rule 61.04(1)) |
| Final order of the Small Claims Court over $5,000 | Divisional Court, as of right (s. 31; O. Reg. 626/00) | Thirty (30) days (rule 61.04(1)) |
| Order of the Divisional Court | Court of Appeal, with leave, on a question other than fact alone (s. 6(1)(a); rule 61.03.1) | Fifteen (15) days to serve the motion for leave |
| Judgment of the Court of Appeal | Supreme Court of Canada, with leave (Supreme Court Act, s. 40) | Sixty (60) days, July excluded (s. 58) |
| Decision of a tribunal | Divisional Court, on judicial review (JRPA, s. 6(1)), or a statutory appeal where the statute gives one | Thirty (30) days (JRPA, s. 5(1)); the statute's own period for an appeal |
A costs-only appeal and an appeal from a consent order need leave of the court the appeal goes to (s. 133), and family, criminal, bankruptcy and tribunal statutory appeals follow their own rules.
Under the Rules of Civil Procedure, Saturday and Sunday are holidays, as are the listed statutory days, the Civic Holiday and the Mondays and Tuesdays observed when a listed day falls on a weekend (rule 1.03), and where the time for doing an act expires on a holiday the act may be done on the next day that is not one (rule 3.01(1)(c)). So a thirtieth day that falls on a Saturday runs to the Monday, and a thirtieth day on the Saturday of a long weekend runs to the Tuesday. A period of seven (7) days or less is counted without holidays altogether (rule 3.01(1)(b)), which is why the seven (7) days under rule 62.01 and the five (5) days for filing a notice of motion for leave span at least a full week of business days. The thirty (30) days for judicial review are a statutory period, and s. 89 of the Legislation Act, 2006 carries a last day that falls on a Sunday, a holiday or a day the court office is closed to the next day it is open. The safe course in every case is to act on the Friday.
Only from a judge of the court the appeal goes to (rule 3.02(3)), or by the written consent of the other parties (rule 3.02(4)). The motion may be brought after the time has expired (rule 3.02(2)), and the judge asks whether the justice of the case requires an extension, considering whether you formed an intention to appeal within the period, how long the delay is and why it happened, any prejudice to the other side and whether the appeal has merit (Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131, at ¶ 15). An appeal with no merit will not be rescued; an appeal with merit and no real prejudice usually will be. Write to the other side at once to record your intention to appeal, because that intention, formed in time, is the first factor. A period set by a statute rather than the Rules, including the thirty (30) days for judicial review and the sixty (60) days for the Supreme Court of Canada, is extended only under that statute.
In part. Delivering the notice of appeal stays any provision of the order for the payment of money, other than support, until the appeal is disposed of (rule 63.01(1)), without a motion. Every other provision, including an injunction, a declaration, an order for possession or an order to deliver documents, takes effect unless a stay is ordered by the court appealed from or by a judge of the appellate court (rule 63.02(1)), on the test that governs an interlocutory injunction. A stay does not prevent the order from being signed and entered or the costs from being assessed (rule 63.03(2)), and a writ of execution may be issued and filed, though not enforced, while it lasts (rule 63.03(3)). Where the trial court grants a stay, it expires if no notice of appeal or notice of motion for leave is delivered in time (rule 63.02(2)).
An appeal is perfected when the appellant has served and filed the appeal book and compendium, the exhibit book, the transcript of evidence, if any, and the appellant's factum, and has filed a certificate of perfection (rules 61.09(3) and (3.1)). The time is thirty (30) days after the notice of appeal is filed where no transcript is needed, and sixty (60) days after the court transcriptionist's notice that the evidence has been transcribed where one is (rule 61.09(1)); proof that the transcript was ordered is filed within thirty (30) days after the notice of appeal is filed (rule 61.05(5)). A respondent may move to the Registrar on ten (10) days' notice to dismiss an appeal that is not perfected in time (rule 61.13(1)), the Registrar may give notice of dismissal where the appeal is not perfected within one (1) year after filing (rule 61.13(2)), and a Divisional Court appeal not set down within five (5) years is dismissed automatically (rule 61.13.0.1). Only a judge of the appellate court can extend the time (rule 3.02(3)).
Appeal the merits within the time that runs from the judgment on the merits; the deferred costs decision does not postpone it (Byers v. Pentex Print Master Industries Inc., as summarized in Fontaine, 2012 ONCA 206, at ¶ 60). When the costs decision is made, a party who wants to appeal it needs leave if the appeal is only as to costs (s. 133(b)), and the request for leave can be added to the existing appeal by a supplementary notice of appeal, to be dealt with by the panel hearing the appeal (rules 61.03(7) and 61.03.1(17)); a costs-only appeal standing alone is started by a motion for leave within fifteen (15) days after the costs order.
The statute and the rules as consolidated on e-Laws and Justice Laws, the decisions on when time runs and on extensions, and the firm's pages on appeals. The page is reviewed when the law changes; the last review date is shown in the results.
The route and the dates above are general information, computed in your browser from what you entered, about Ontario law as it stood on the review date shown in the results. They are not advice about your matter, and they do not say whether an appeal would succeed or whether leave would be granted. Grigoras Law does not give advice about a deadline to anyone who is not its client. A message, a telephone call or an intake form about a date on this page does not retain the firm, does not create a lawyer-client relationship, will not be answered on the deadline, and does not stop any period from running; only the step itself does that. If you want advice on your own dates, retain a lawyer, and do it well before the earliest date shown; the retainer comes first, the advice after.
