Given these factors, it is advisable to evaluate the chances of success critically and consider the impact on resources. Consulting with a legal professional can provide valuable insights into the viability of an appeal and guide the strategic approach to maximize the likelihood of a favorable outcome.

Can you enter new evidence on appeal?

Generally, new evidence is not permitted on appeal because appeals focus on the record from the initial trial or hearing. However, if you have new evidence that was not available during the original proceedings and believe it could have influenced the outcome, you can request permission to present this evidence. To do so, you need to prepare a notice of motion or application and an affidavit. The affidavit should explain why this evidence was not previously presented and argue its potential impact on the trial or hearing’s outcome. This new evidence must be attached to your affidavit. The appeal judges will consider your application to introduce new evidence and decide on this request concurrently with the appeal itself.

On what grounds can you appeal (two mistakes)?

You can appeal a decision based on two main types of errors:

• Mistake about the Facts: This occurs when the trial judge misunderstands the evidence. Appeals on this basis are infrequent and succeed only if the decision is deemed unreasonable or not supported by the evidence.
• Mistake about the Law: This involves errors in the judge’s interpretation or application of legal principles. Appeals are more likely to succeed on this ground if the legal decision is demonstrably incorrect.

Explain the two things you need to do a successful appeal?

To achieve a successful appeal, you need to:

• Show that the original trial judge made a mistake, either in interpreting the law or in applying it to the facts of the case.
• Establish that this mistake was not just minor but actually impacted the outcome of your case.

What does it mean to apply for a “leave to appeal”?

You do not always have an automatic right to appeal, but instead must get permission from a judge to appeal. Applying for a “leave to appeal” involves requesting permission from a court to “appeal” i.e. to challenge the judgment of the lower court. This process is necessary when an appeal isn’t directly available and requires judicial approval to proceed.

How do you succeed at a leave to appeal?

To succeed in the “leave to appeal” application, you must present a compelling argument that the original judgment contains errors, either in how the law was interpreted or applied, or that the decision was unreasonable in light of the evidence. Essentially, you need to demonstrate not only that a mistake occurred but also that this mistake had a material impact on the case’s outcome. The court evaluates these claims to decide if the appeal raises issues of sufficient importance or merit to warrant further examination.

How does whether an order is a temporary or final order affect the right to appeal?

The nature of an order as temporary or final directly influences the appellate process in Ontario. Temporary and final orders have different pathways and requirements for appeal, reflecting their distinct legal implications and the urgency or permanence of the decisions they represent.

What is the timeline for appealing a final order or a temporary order?

For a final order, a notice of appeal must be served within 30 days of the decision and filed in court within 10 days of serving. In contrast, a temporary order requires the notion of motion to be served within 15 days of the order.

Which court hears appeals from OCJ?

Appeals from the Ontario Court of Justice (OCJ) are heard by a judge of the Superior Court of Justice.

Which court hears appeals from decisions made by SCJ judges who are not sitting in the dedicated Family Court?

The Court of Appeal hears appeals of all final orders.

Which court hears appeals from orders made by SCJ sitting in Family Court pursuant to provincial laws?

For the Superior Court of Justice, the type of order and the amount involved determine the appeal route. All temporary orders and final orders with less than $50,000 at issue go to the Divisional Court. 

Which court hears appeals from final orders made by SCJ sitting in Family Court not pursuant to provincial laws?

The Court of Appeal hears appeals of final orders made by SCJ sitting in Family Court not pursuant to provincial laws. Also, final orders over $50,000 are appealed to the Court of Appeal.

Under what conditions is leave to appeal granted for a temporary order?

Leave to appeal a temporary order is granted under specific conditions, primarily when there’s a conflicting decision by another judge or court within Ontario, indicating a need for appellate clarification or resolution. Additionally, leave can be granted if the judge believes there’s a substantial reason to doubt the correctness of the order, suggesting that reviewing the temporary order is in the interest of justice.

What documents need to filed to start an appeal?

To start an appeal, a notice of appeal is filed. Then, the appellant must file and serve two documents on all involved parties: the Motion Record and the Factum. The Motion Record comprises the notice of appeal, the order being appealed, the reasons for that order, a transcript of oral evidence, and any other necessary evidence. The Factum includes an overview of the case, the issues on appeal, a summary of facts, relevant legislative provisions, and the order the appellant is seeking.

How hard is it to appeal a temporary order?

The threshold is very high and the test is strict. The Divisional Court is discouraging appealing interim orders. Both parts of the test must be met: first conflicting decisions and second importance beyond litigants.

What are exceptions to divisional court’s rigid attitude about temporary orders?

Parenting orders may be appealed since interim orders “often create a status quo that is difficult to alter at trial”.

Will Divisional Court hear appeals of conferences or scheduling issues?

They will rarely grant leave to appeal.