top of page

Caution:  This page contains ONLY GENERAL LEGAL INFORMATION. 
It is NOT LEGAL ADVICE nor a replacement for talking to a lawyer
and getting legal advice about your case.    
The law can be complicated and the details of a case can be even more complicated! 
There are exceptions for every rule. 

 

What you do not know can harm you.  Do not rely on general legal information.

AT YOUR OWN RISK.

APPEALS

You may disagree with a decision a judge makes.  In very rare cases, you may be able to appeal (to take the decision to a "higher court" and ask that the decision overturned).  This is extremely complex. 

​

Just because a judge made an error does not mean you can appeal.  Just because you think the judge made an error does not mean that you will be successful appealing. 

​

You should get legal advice.  Only some family lawyers do appeals.  (Personally, I do NOT do appeals.)  You will likely have to pay for an opinion on an appeal.  

​

Appeals are very expensive and take time.  At best, if you are successful, you may only recover 60% of the cost from the other party.


How an appeal is dealt with depends on which court you are appealing from and whether it is a temporary or final decision.  It also depends on whether you are appealing an alleged error of fact (that is a judge's understanding and interpretation of the facts), or an alleged error of law; or a combination of fact and law.  

​

Rarely does it make sense to appeal temporary orders.  Usually, it is best to pursue a different final order.  (A judge hearing a trial will usually be different from the one that made the temporary order.  But the temporary order may create a status quo.)

 

STAY OF ORDER

Usually, orders are not automatically stayed when you bring an order – they remain in force.  You have to bring a motion to the court to suspend the order.  The exception is the payment of money (other than support), which is suspended automatically on filing an appeal.

 

BEWARE OF DEADLINES

There are strict deadlines for filing an appeal after the date the decision is made:

  • a temporary order of the Ontario Court of Justice
    7 days

  • a temporary order of the Superior Court of Justice
    14 days

  • a final order
    30 days

 

(It can sometimes be complicated to determine whether the order is temporary or final.)

 

While it is possible (if certain legal criteria are met) to get an extension of time, do not rely on this.  Act quickly!

​

​

bottom of page