ClaimPrep Ontario — Divisional Court

Divisional Court Appeals

The Divisional Court is a branch of the Superior Court of Justice. It hears appeals from tribunals such as the Landlord and Tenant Board, appeals from Small Claims Court and appeals from smaller Superior Court orders. You provide the materials and instructions for your appeal; we prepare, organize and assemble the record so it meets the court’s requirements.

  • Free review and a fixed quote before any work starts
  • Indexed, paginated and bookmarked, ready to file
  • No retainer, no hourly billing

Or email support@claimprepon.ca

Packages

Fixed quote before any work starts.

LTB & Tribunal Appeal

Appeals from Landlord and Tenant Board orders & other tribunals

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Divisional Court Civil Appeal

Appeals from Superior Court & Small Claims orders

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Respondent’s Appeal Materials

Full-length respondent’s factum & compendium

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Leave to Appeal Motion Record

Motions for leave to appeal

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Stay Pending Appeal Motion Record

Stay of the order under appeal

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Extension of Time to Appeal

Motion record for late appeals

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Responding to Appeal Motions

Motions to dismiss, quash or for security for costs

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Standalone Documents

Need just one document? We prepare it on its own.

Appeal Book — Standalone

Compiled, paginated, indexed & bookmarked

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Factum

Full length — up to the 30-page limit

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Affidavit — Up to 10 Exhibits

Preparation from your materials and instructions, with exhibit assembly

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Compendium — Standalone

Excerpts you choose, indexed, tabbed & bookmarked

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Notice of Appeal (Form 61A.3)

Preparation from your materials and instructions

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Notice of Motion (Form 61N)

Motions before a single judge

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Book of Authorities

Tabbed, indexed & bookmarked

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How it works

1

Send us your materials

Use the form, email support@claimprepon.ca or WhatsApp. Tell us the court and your next deadline.

2

Approve your fixed quote

We review what you send for free and quote a fixed fee within one business day. No retainer, no hourly billing.

3

Receive your documents

A searchable, bookmarked PDF prepared to the court’s published standards, ready for you to check, sign and file.

What We Prepare for a Divisional Court Appeal

We prepare it from your materials and instructions

Appeal Books & Compendiums

Compiled, indexed, paginated and tabbed.

Factum Preparation

Prepared from your materials and instructions, to the court’s published requirements.

Motion Records

For stay or leave motions.

Exhibit Organization

Affidavits prepared from your materials and instructions.

Electronic Filing

Searchable, bookmarked PDFs prepared for electronic filing.

Regions

Eight judicial regions

The Divisional Court is a branch of the Superior Court, so it follows the same eight judicial regions. Each region has a designated regional centre where Divisional Court matters are heard, and where you file depends on where the decision you are appealing came from — not on where you live.
RegionRegional Centre
Central EastDurham Region Courthouse, Oshawa
Central SouthHamilton Courthouse
Central WestBrampton Courthouse
EastOttawa Courthouse
NortheastSudbury Courthouse
NorthwestThunder Bay Courthouse
SouthwestLondon Courthouse
TorontoOsgoode Hall

What Kinds of Orders Are Appealed to the Divisional Court

General information only. General information drawn from the sources listed at the bottom of this page. Which court hears your appeal, and the deadline to file, depend on the order you received.

? Show the 8 categories
Superior Court final orders up to $50,000

A final order of a Superior Court judge is appealed to the Divisional Court where it is for a single payment of $50,000 or less excluding costs, periodic payments totalling $50,000 or less over 12 months, or a claim dismissed at that level.

Courts of Justice Act, s. 19(1) and s. 19(1.2)
Final orders of an associate judge

An appeal from a final order of an associate judge of the Superior Court goes to the Divisional Court.

Courts of Justice Act, s. 19(1)
Interlocutory orders — with leave

Mid-case (interlocutory) orders of a Superior Court judge can only be appealed with leave of the Divisional Court, obtained by motion.

Courts of Justice Act, s. 19(1) · Rules of Civil Procedure, r. 62.02
Small Claims Court final orders

A final Small Claims Court order is appealed to the Divisional Court where it is for payment of more than $5,000 excluding costs, or for recovery of personal property worth more than $5,000.

Courts of Justice Act, s. 31 · O. Reg. 343/19
Landlord and Tenant Board orders

Any person affected by an LTB order may appeal to the Divisional Court within 30 days, on a question of law only. The court may affirm, rescind, amend or replace the order, or send the matter back to the Board.

Residential Tenancies Act, 2006, s. 210
Other tribunal and statutory appeals

Various Ontario statutes route appeals from tribunals to the Divisional Court — including matters under the Health Insurance Act, the Insurance Act and the Licence Appeal Tribunal Act, 1999.

Ontario guide to Divisional Court appeals
Family Court branch orders

Certain final orders made under Ontario statutes in the Family Court branch of the Superior Court are appealed to the Divisional Court.

Courts of Justice Act, s. 19(1.2)
📍 Where matters are commenced and heard
Most proceedings

Commence in the regional centre that matches where the decision under appeal was made.

Single-judge matters

Commence at the Superior Court location where the order being appealed was made, or at the corresponding regional centre.

Motions for leave to appeal

A motion for leave under Rule 62.02 is filed in Toronto only, wherever the underlying order was made.

How it is heard

Three-judge panel hearings are held in person unless a party asks for a virtual hearing and the court agrees. Single-judge matters are virtual by default.

Practice Directions

Read the Divisional Court direction first

§ What the direction actually requires

Divisional Court proceedings have their own consolidated practice direction, on top of the provincial and regional ones. It is where the document rules live — naming, page caps, upload deadlines, what goes in which bundle. Most self-represented appeals get sent back over these, not over the merits.

  • Consolidated Practice Direction for Divisional Court Proceedings — the main one. Read it first.
  • Consolidated provincial practice directions and province-wide forms.
  • Regional practice directions and region-specific forms — one set for each of the eight regions.
  • Rules of Civil Procedure — Rules 61 and 62 govern appeals and motions for leave.

Uploading to Case Center is not filing. They are two separate steps, and people lose hearings over this. You file through the portal and you upload to Case Center — and documents must be uploaded to Case Center at least four weeks before the hearing date. That deadline takes precedence over the deadlines in Rule 4.05.3.

Where you file

Toronto matters go through the Ontario Courts Public Portal, which combines filing, case management and Case Center. Every other region files through Civil Submissions Online and uploads to Case Center separately.

Document naming

Document type – Party type – Party name – Date (DD-MMM-YYYY). For example: Factum – Applicant – Wong – 21-NOV-2021. No firm naming conventions, abbreviations or file numbers.

Page caps

A PDF filed through the portals must not exceed 500 pages. Appeal books and records go in the minimum number of volumes, each no longer than 500 pages.

Factums and authorities

Include only the cases you will actually refer to orally, with a pinpoint paragraph reference for each citation, hyperlinked to the paragraph — to a public source such as CanLII where one exists. If the factum hyperlinks every authority, no book of authorities is needed.

Bundle order in Case Center

Factum, then Application Record or Appeal Book and Compendium, Transcripts, Exhibit Books, Abbreviated Book of Authorities, Bill of Costs or Costs Outline, Participant Information Form, oral hearing compendium, then anything else permitted.

Participant Information Form

Required. It gives the names of counsel and self-represented parties, how each wishes to be addressed, and the estimated time for oral submissions.

Your first two weeks

Within two weeks of starting the proceeding, email the court with any preliminary issues, a proposed or agreed schedule for exchanging documents, and the hearing length you expect to need.

If it is not in the record

Material that is not referred to during oral argument may not be considered, and a document deleted after it has been uploaded to Case Center is a breach of the direction.

All quotes are in Canadian dollars and subject to HST. Court filing fees are not included. ClaimPrep Ontario provides document preparation and organization services only. We are not a law firm, and our team does not include lawyers or paralegals — we do not give legal advice, prepare pleadings, or represent you in any proceeding. Nothing on this page is legal advice or a statement of your appeal rights or deadlines. You remain responsible for the legal content and substance of your documents. For legal advice, consult a licensed lawyer or paralegal.
Sources Types of appeals heard in Divisional Court — Government of Ontario, Guide to Procedures in Divisional Court Appeals (Courts of Justice Act, ss. 19(1), 19(1.2), 31; O. Reg. 343/19; Rules of Civil Procedure, r. 62.02).
Divisional Court, Ontario Superior Court of Justice — ontariocourts.ca.
Appeals from Landlord and Tenant Board orders — Residential Tenancies Act, 2006, s. 210 (appeal to the Divisional Court within 30 days, on a question of law).

Information reviewed September 2026. Statutes and thresholds change — confirm current requirements with the court or a licensed lawyer or paralegal before you file.

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