2.1 How to start an appeal

Last Reviewed: June 2023 Reviewed by: Court of Appeal Staff

Notice of Appeal

The notice of appeal (Form 1) is the document that you prepare to tell the court and the other party(ies) that you intend to appeal your case. If your case is one where you must ask the court for permission to appeal (called “leave to appeal”) you must indicate that leave is required on the notice of appeal and prepare an application for leave (discussed in section 2.2 - What to Do if Leave to Appeal is Required).

Find the Form

The time limit to file a notice of appeal is not more than 30 days after the date the decision maker made the order you want to appeal (do not count from the day the order was “entered”). If the date to file the notice of appeal falls on the weekend or a holiday, you must file the notice of appeal on the next business day.

Steps to start an appeal

  1. Prepare the notice of appeal (Form 1). Indicate whether leave to appeal is required. If leave is required, follow the additional steps in section 2.2 after completing the steps listed here.
  2. File the notice of appeal not more than 30 days after the date the decision maker made the order you want to appeal. If you file in paper you will need at least 4 copies (two for use by the court, one copy for your own your use, and a copy to serve on each party named as a respondent on the notice of appeal).
  3. Pay your court filing fee when you file the notice of appeal.
  4. Serve a copy of the notice of appeal on every respondent within the same 30-day time period described above.

Any respondent(s) have 10 days to file and serve you with a notice of appearance (Form 2) if they intend to argue against your appeal. (See Rule 7).

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