A party may appeal to the General Division of the High Court only against an order of a tribunal for one of the following cases:
Before an appeal to the General Division of the High Court can be made, leave (permission) to appeal from the CDRT must be obtained by filing an application for leave to appeal.
Refer to the following to find out about filing an application for leave to appeal.
If you are filing the application for leave to appeal, you are the appellant.
The other party is the respondent.
When to file
Within 14 days after the date on which the order was made.
When to serve
Within 7 days of the date of filing the application for leave to appeal.
How to file
You should prepare the following (where applicable) before you file:
You will need to follow these steps:
|1. File application for leave to appeal|
Your application for leave to appeal is filed in CJTS.
|2. Serve documents on the other party|
The respondent is notified of your intention of appealing the CDRT order.
Log in to CJTS. Under the Online Applications tab, select Application for Leave to Appeal and follow the instructions to fill in the required information.
For detailed instructions, refer to the CJTS user guide for filing neighbour disputes (PDF, 2956 KB).
Print and serve a copy of the Application for Leave to Appeal together with your supporting documents (if any) to the respondent within 7 days after the date of filing the application for leave to appeal.
The parties will receive a Notice of Hearing with the date and time to attend a hearing at the CDRT via CJTS.
You may serve the documents on the respondent through one of the following ways:
What it is
Delivering hard copies of the documents personally to the respondent.
Sending hard copies of the documents in an envelope to the last known residential or registered address of the respondent.
Submitting soft copies of the documents to the respondent through CJTS.
Delivering the documents by any means as directed by the CDRT.
You and the respondent will have to attend court on the scheduled date and time mentioned in the Notice of Hearing. You must attend your appeal hearing. If you are absent, the court may dismiss your application for leave to appeal.
The court will decide whether to grant or dismiss your application for leave to appeal at the hearing. If the court decides to grant you leave to appeal, you must do the following:
The outcome of your appeal depends on the decision the General Division of the High Court makes at a hearing scheduled at a later date.