The appeals of the Small Claims Court Decisions, Orders and Judgments are heard by the Divisional Court. The appellant must contact the lawyer immediately after the judgment, decision or final order is issued in order to comply with strict limitation periods.
Appellant must state the grounds for appealing the Small Claims Court decision, judgment or order. The appeals of Small Claims Court Judgments are usually grounded on the appellant's allegations that trial judge made error either in law, fact or procedure. There is a presumption of correctness of the Small Claims Court judgment (order, decision). The appellant bears a burden to prove that a trial judge made a serious error.
In limited circumstances, instead of appealing the decision of Small Claims Court, a party has right to make a motion to set aside the judgment on procedural grounds and to schedule a new trial before Small Claims Court. Please contact the lawyer to discuss your options in setting aside the judgment, decision or order.
You can schedule an appointment with the lawyer to discuss your options in appealing your Small Claims Court judgment, order or decision or making a Small Claims Court Motion to set judgment aside.