What is the appeal process for final orders from Small Claims Court regarding payments over $3,500?

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The appeal process for final orders from Small Claims Court in Ontario is indeed that these decisions can be appealed to the Divisional Court without needing leave. This is significant because the Divisional Court, which is part of the Superior Court of Justice, serves as the primary avenue for appealing Small Claims Court decisions that exceed the monetary limit of $3,500.

One key aspect of this process is that appeals to the Divisional Court generally do not require leave for final orders from the Small Claims Court, which simplifies the procedure for a party wishing to contest a decision. This reflects an intention to provide a more accessible avenue for appeal, ensuring that parties have their disputes resolved fairly and appropriately.

In contrast, the option referring to appealing only to the Court of Appeal would be misleading because the Court of Appeal typically requires leave to appeal, especially from lower courts unless expressly stated otherwise in applicable statutes. The notion that Small Claims Court decisions are not appealable fails to recognize the legal provisions allowing for such appeals within the appropriate structures of the court system. Similarly, the suggestion that one needs leave to appeal to the Supreme Court is incorrect since appeals from Small Claims Court go to the Divisional Court first, not the Supreme Court of Canada.

This clear delineation of the

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