Manitoba Small Claims Court
Checklist –Appealing the Decision
Appeal from a Decision of a Court Officer
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You can only appeal on a question of law or jurisdiction and with leave or permission of
a judge of the Court of Queen’s Bench
Prepare and file an Application for Leave to Appeal and Notice of Appeal (Form 76K)
within 30 days from the filing date on the Certificate of Decision.
The cost to file an Application for Leave to Appeal and Notice of Appeal is $35.
If you are unable to file an Application for Leave to Appeal and Notice of Appeal within
the 30 days from the filing date on the Certificate of Decision, you may apply to a judge
to ask that the time for filing the Application for Leave to Appeal and Notice of Appeal
be extended and this is done by filing a Notice of Motion (Form 37A). There is a fee
for filing a Notice of Motion.
Upon the filing of the Application for Leave to Appeal and Notice of Appeal, the court will
schedule an appointment for the date, time and place for the hearing of your leave
application.
Serve the Application for Leave to Appeal and Notice of Appeal on all t other parties
within 20 days of filing.
If you cannot serve a copy of the Application for Leave and Notice of Appeal within the
20 days of filing, you may apply to a judge to extend the time for service and this is
done by filing a Notice of Motion (Form 37A). There is a fee for filing a Notice of
Motion before the Court of Queen’s Bench.
Please review Service of Documents for detailed information on how to serve the
Application for Leave to Appeal and Notice of Appeal.
File a Declaration of Service for each party that was served (Form 76B) at least 10
days before the hearing of your leave application
Upon filing an Application for Leave to Appeal and Notice of Appeal, all steps taken to
enforce the decision of the Court Officer are stayed and the stay continues until the
application for leave to appeal is dismissed or, if your leave to appeal is granted, until
the court makes a decision on your appeal.
At the hearing of your leave application, you will be required to set out before the judge
how, in your view, the Court Officer made a mistake of law or a mistake of jurisdiction.
A mistake of jurisdiction is when the Court Officer makes a mistake regarding his or her
legal authority to make his or her decision. A mistake of law is when the Court Officer
makes a mistake regarding a legal principle or statute. An appeal is not available on
mistakes regarding the facts of the case.
A mistake of law or a mistake of jurisdiction are very hard things to determine and many
experienced lawyers and judges struggle to determine whether a mistake of law or a
mistake of jurisdiction have actually occurred. It is a very good idea to be represented
by a lawyer or to seek advice on whether such a mistake was made.
If leave to appeal is granted, the judge will set a date and time for the hearing of your
appeal and will also give direction to you and the other parties as to how the appeal will
be conducted.
Last Updated: January 2015
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The appeal judge may direct you as to what evidence is to be presented, oral arguments
to be made, any written materials to be filed and served and the time period for doing
so and also whether a transcript of any portion or all of the hearing before the Court
Officer is required.
Note: Evidence that was filed as an exhibit at the hearing before the Court Officer will
be kept by the court pending the filing of an Application for Leave to Appeal and Notice
of Appeal. If, after the appeal period has passed, there is no Application for Leave to
Appeal and Notice of Appeal filed, then exhibits will be returned to the parties that filed
them.
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If you are required to order a transcript of any portion or all of the hearing before the
Court Officer, you must contact the Transcription Service Office. There are fees for
ordering a court transcript.
After the hearing of your appeal, the appeal judge may confirm the decision of the Court
Officer or set it aside and make any decision that the Court Officer could have made.
A Certificate of Decision will be mailed to all of the parties that sets out the judgment of
the court and the appeal judge may also provide written reasons for his or her decision
and if so, you will also receive a copy of those reasons.
A Certificate of Decision on the appeal is a judgment of the court and may be enforced
(See Collecting on Your Judgment).
The appeal decision of the judge is final and cannot be appealed further.
NOTE: You should address the judge as Mr. Justice or Madam Justice.
Appeal from a Decision of a Judge of the Court of Queen’s Bench
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If your Small Claim was heard before a judge of the Court of Queen’s Bench and not a
Court Officer, and you wish to appeal the decision, you may do so only on a question of
law or jurisdiction and with leave or permission of a judge of the Manitoba Court of
Appeal.
Your Application for Leave to Appeal and Notice of Appeal must be made within 30 days
of the date on the Certificate of Decision.
A mistake of jurisdiction is when the judge makes a mistake regarding his or her legal
authority to make his or her decision. A mistake of law is when the judge makes a
mistake regarding a legal principle or statute. An appeal is not available on mistakes
regarding the facts of the case.
A mistake of law or a mistake of jurisdiction are very hard things to determine and many
experienced lawyers and judges struggle to determine whether a mistake of law or a
mistake of jurisdiction have actually occurred. It is a very good idea to be represented
by a lawyer or to seek advice on whether such a mistake was made.
For further information on the Court of Appeal process, please see
http://www.manitobacourts.mb.ca/ca/court_appeal.html or contact the Court of Appeal
office in Winnipeg at (204) 945-2647.
Last Updated: January 2015
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