4. If you disagree with a decision

If you lose your case in Small Claims Court and the claim is for more than $3,500, you can appeal the decision in Divisional Court. Usually, you must appeal within 30 days of the Small Claims Court decision on your case. If you think you might need more time, you should talk to a lawyer to find out if you're allowed to have more time.

In the Small Claims Court case, you were the defendant and the person suing you was the plaintiff. If you appeal the decision, you become the appellant and the plaintiff becomes the respondent.

If you plan to appeal your case, it's a good idea to get legal help. Appeals can take a long time and can also be very expensive. An appeal might even cost you more than paying what you owe based on the Small Claims Court decision.

At an appeal, the Divisional Court judge usually will not look at evidence that was not given to the judge in the Small Claims Court. Also, witnesses are not called in an appeal. Instead, you must prove that the judge in Small Claims Court made a mistake on your case.

Even if you can prove the judge made a mistake, the Divisional Court might not change the overall decision in your case. You might still have to pay money or give property to the plaintiff.