Small Claims decisions can be appealed within 30 calendar days of the written decision. Appeals must be filed at your area’s Supreme Court court administration office.

Small Claims appeals are not like Residential Tenancies appeals; you can’t appeal the decision just because you do not like the outcome. In order to appeal the decision, generally one of three things must have happened:

1. Jurisdictional Error:

   • For when a Small Claims court adjudicator overreaches beyond what they are allowed to order.

2. Error of Law:

   • If the adjudicator uses the law wrong, or misinterprets the law when making their decision.

3. Failure to Follow the Requirements of Natural Justice:

   • Natural Justice refers generally to a duty to act fairly. If an adjudicator violates this, for example by not letting someone testify or submit evidence, it could be grounds for an appeal.

Small Claims appeals are very complicated, and going to the Supreme Court is a much more formal affair than going to Residential Tenancies or Small Claims. If you are looking to appeal a decision from Small Claims, we strongly recommend talking to a lawyer. Dal Legal Aid can help with this process.

If you appeal to the Supreme Court, you have to apply to have the Order and Judgement from Small Claims paused (or stayed) while you file your appeal. Otherwise, the other party can still enforce the Small Claims decision. In the case of an appeal for an eviction, this means you could still be evicted while you’re appealing the decision.

To file an appeal, you will need to fill out a Notice of Appeal form and include details about the grounds for appeal and description of the error made by the adjudicator.

Once the proper paperwork is filed, the Small Claims adjudicator will be notified that you are appealing their decision, and they will write a summary (a brief) describing the facts of your case and the laws they applied. You will have a chance to submit your own brief before the hearing.

An appeal hearing to the Supreme Court is not a chance to hear the evidence of the case again. The Court will only make a decision based on the adjudicator’s brief, the Small Claim Court file, and anything submitted by the parties on behalf of the appeal. The Supreme Court will either dismiss the appeal, allow the appeal, request additional information from yourself or the adjudicator, request the case be retried, or award costs and damages. Supreme Court decisions cannot be appealed.