Appeals from Small Claims Court

You must pay a deposit of $200 with the registrar of the Supreme Court when you file your notice of appeal. This is “security” for a potential costs award if you lose your appeal (see Costs). If you lose your appeal and a costs award is made against you, this money will go to the other side to cover part of that award. If you win your appeal it will be returned to you.

You must file the Notice of Appeal and serve it on the other parties.

Within 14 days after filing the Notice of Appeal, you must must file proof, satisfactory to the registrar, that

• the Notice of Appeal has been served on the respondent(s)
• the required transcript has been ordered

You must also within 14 days request a date for the hearing of the appeal from the Registrar, file a Notice of Hearing in Form 75 and serve, by ordinary service, a Notice of Hearing on any person who has filed a Notice of Interest.

You must also order and pay for a transcript of any evidence given at the Provincial Court hearing, as well as the reasons for judgment of the provincial court. For more information on how to order a transcript, see here.

Within 45 days of filing the Notice of Appeal, the appellant must file the transcripts from the Provincial Court with the Supreme Court, serve a copy of the transcripts on anyone who has filed a notice of interest, and file and serve a Statement of Argument.

If you want to oppose the appeal

To oppose an appeal from a small claims court, you must file a Notice of Interest in Form 70 within 7 days after service of the Notice of Appeal, and you must also serve a copy of the filed Notice of Interest on the appellant.

At least 14 days before the hearing of the appeal, any person who filed a Notice of Interest must also file and serve a Statement of Argument.