
How to Appeal a Small Claims Court Judgment .
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.