{"id":1476,"date":"2020-11-17T15:15:27","date_gmt":"2020-11-17T20:15:27","guid":{"rendered":"https:\/\/www.ontariocourts.ca\/coa\/?page_id=1476"},"modified":"2025-07-24T11:59:12","modified_gmt":"2025-07-24T15:59:12","slug":"motion-for-leave-to-appeal","status":"publish","type":"page","link":"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/civil-family\/motion-for-leave-to-appeal\/","title":{"rendered":"How to Proceed with a Motion for Leave to Appeal"},"content":{"rendered":"

Motion For Leave to Appeal<\/strong><\/p>\n

This guide is intended to provide a brief overview with regard to proceeding with a motion for leave to appeal in the Court of Appeal for Ontario. Please note that court administrative staff cannot provide legal advice or complete the documents to be filed on your appeal for you. For more detailed information about civil appeals, please refer to the Rules of Civil Procedure<\/em>.<\/p>\n\n

1. Do I have an automatic right of appeal to the Court of Appeal?<\/h2>\n

Not in all cases. In some instances, the appellant must first obtain\u00a0leave to appeal<\/strong>. An appeal from an order of the Divisional Court, for instance, requires leave to appeal. The\u00a0Courts of Justice Act,<\/em>\u00a0other applicable statutes and the\u00a0Rules of Civil Procedure<\/em>\u00a0should be reviewed to determine whether a motion for leave to appeal is required.<\/p>\n

2. What matters require leave to appeal to the Court of Appeal?<\/h2>\n

Generally speaking, leave to appeal is required in the Court of Appeal from:<\/p>\n

    \n
  1. an order of the Divisional Court, that finally determines an appeal in that court, except an order of the Divisional Court on an appeal under Part V or VII of the Child, Youth and Family Services Act, 2017<\/em>;<\/li>\n
  2. a cost decision against a party from a final order of a judge of the Superior Court of Justice, except where the judgment on the case does not exceed $50,000;<\/li>\n
  3. an order of a court where the governing statute requires leave to appeal.<\/li>\n<\/ol>\n

    3. What are other possible motions for leave to appeal to the Court of Appeal?<\/h2>\n

    Certain civil appeals are governed by other statutes and the rules relating thereto (for example, appeals brought under the\u00a0Arbitration Act, Bankruptcy and Insolvency Act, Companies\u2019 Creditors and Arrangement Act<\/em>). Please refer to those statutes for guidance as to the procedure on an appeal or motion for leave to appeal to the Court of Appeal.<\/p>\n

    4. Do I have to have a lawyer?<\/h2>\n

    A party may represent himself or herself in almost all circumstances. A solicitor, however, must represent a corporation, unless the court orders otherwise. Even if you are entitled to represent yourself in the Court of Appeal, it is recommended that you seek legal advice if possible, mindful of the factthat court staff are not permitted or trained to provide legal advice.<\/p>\n

    5. How will my motion proceed?<\/h2>\n

    Where an appeal requires the leave of that Court, the motion for leave shall be heard in writing without the attendance of parties or lawyer. A panel of Judges will make a decision.<\/p>\n

    6. How do I begin a motion for leave to appeal?<\/h2>\n

    A motion for leave to appeal is initiated by serving and filing one copy of a\u00a0notice of motion for leave to appeal (Form 37A with necessary modifications)<\/strong>.The notice of motion for leave to appeal shall state as the proposed method of hearing that the court will hear the motion in writing on a date to be fixed by the Registrar.. Proof that the notice of motion has been served on the respondent(s) must be filed with the Court at the time of filing. Proof of service should be in the form of an\u00a0affidavit of service (Form 16B)\u00a0<\/strong>indicating when, to whom, where and how the documents were served. There is a\u00a0fee<\/strong><\/a>\u00a0for filing of the notice of motion, payable at the time the notice of motion is submitted for filing.<\/p>\n

    7. What is the deadline to file the notice a motion for leave to appeal?<\/h2>\n

    In civil appeals that require leave to appeal, a\u00a0notice of motion for leave to appeal<\/strong>\u00a0must be\u00a0served within 15 days<\/strong>\u00a0from the date of the order being appealed and\u00a0filed within 5 days\u00a0<\/strong>of service with the Court of Appeal (exceptions may exist for appeals brought under\u00a0the<\/em>\u00a0Bankruptcy and Insolvency Act and the Companies\u2019 Creditors and Arrangement Act;\u00a0<\/em>please refer to those rules for the deadlines).<\/p>\n

    8. What if my appeal is from an order pronounced in Bankruptcy Court, for instance?<\/h2>\n

    An appeal from an order made in Bankruptcy Court is processed differently from other appeals.\u00a0The appellant must serve the notice of appeal and then file it with the Registrar of the Bankruptcy Court where the proceedings commenced\u00a0within 10 days\u00a0of the order or decision appealed from<\/strong>. In certain cases the notice of appeal must include the application for leave to appeal. Please refer to the\u00a0Bankruptcy and Insolvency Act<\/em>\u00a0to determine this. The Registrar of Bankruptcy Court where the proceedings commenced must then send the notice of appeal and all related documents to the Court of Appeal office.<\/p>\n

    9. What if my appeal is from an order made under the Companies\u2019 Creditors and Arrangement Act<\/em>?<\/h2>\n

    An appeal under the\u00a0Companies\u2019 Creditors and Arrangement Act<\/em>\u00a0is processed differently from other appeals. A notice of motion for leave to appeal under this act must be\u00a0served within 21 days<\/strong>\u00a0from the date of the order being appealed. Under this act leave to appeal can be obtained by a single judge or a panel. A panel motion<\/strong>\u00a0follows Rule 61.03 (1) and is heard in writing without the attendance of parties or lawyer. A decision will be made by a panel of Judges. A single judge<\/strong>\u00a0motion follows Rule 37 and a notice of motion (Form 37A) is served upon the respondent(s), and then filed in the office of the Court of Appeal with proof of service at least\u00a07 business days<\/strong>\u00a0before the hearing date of the motion. A date is chosen by the moving party.<\/p>\n

    10. What if my time to file a motion for leave to appeal has expired?<\/h2>\n

    You have two options:<\/p>\n

      \n
    1. to attempt to obtain consent from the respondent(s) for late service and\/or filing of the notice of motion. This consent must be in writing, signed by the respondent(s) or (if there is a solicitor of record) by the solicitor of record for the respondent(s). The written consent must accompany the notice of motion when it is presented for filing; or<\/li>\n
    2. to bring a motion returnable before a Judge of the Court of Appeal for an order extending the time for service and\/or filing of the notice of appeal. A\u00a0notice of motion (Form 37A)<\/strong>\u00a0must be prepared and a copy of the notice must be served upon the respondent(s), and then filed in the office of the Court of Appeal with proof of service at\u00a0least 7 days<\/strong>\u00a0before the hearing date of the motion. Please note that a notice of confirmation must be filed not later than 2.00 p.m.\u00a0three (3) days<\/strong>\u00a0before the hearing date. There is a\u00a0fee<\/strong><\/a>\u00a0for filing of the notice of motion, payable at the time the notice of motion is submitted for filing.<\/li>\n<\/ol>\n

      11. What do I do once the notice of motion for leave to appeal has been filed?<\/h2>\n

      Once the notice of motion for leave to appeal has been filed, the moving party must now serve and file with the registrar all the documents necessary for the considering of the motion along with proof of service of those documents.<\/p>\n

      12. What materials am I required to file? What is my deadline?<\/h2>\n

      The moving party<\/strong>\u00a0shall electronically file with proof of service within\u00a030 days<\/strong>\u00a0after the filing of the notice of motion for leave to appeal:<\/p>\n