19 (1) An appeal lies to the Divisional Court from, (a)  a final order of a judge of the Superior Court of Justice, as described in subsections (1.1) and (1.2); (a.1)  a final order of a judge of the Family Court made only under a provision of an Act or regulation of Ontario; (b)  an interlocutory order of a judge of the Superior Court of Justice, with leave as provided in the rules of court; (c)  a final order of a master, case management master or associate judge.  2006, c. 21, Sched. A, s. 3; 2020, c. 25, Sched. 2, s. 2 (1); 2021, c. 4, Sched. 3, s. 2 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, clause 19 (1) (c) of the Act, as amended by subsection (1), is amended by striking out “a master, case management master or associate judge” and substituting “an associate judge”. (See: 2021, c. 4, Sched. 3, s. 2 (2)) Same (1.0.1) Clauses (1) (a) and (b) do not apply to orders made under section 137.1. 2015, c. 23, s. 2. Same (1.1) If the notice of appeal is filed before October 1, 2007, clause (1) (a) applies in respect of a final order, (a)  for a single payment of not more than $25,000, exclusive of costs; (b)  for periodic payments that amount to not more than $25,000, exclusive of costs, in the 12 months commencing on the date the first payment is due under the order; (c)  dismissing a claim for an amount that is not more than the amount set out in clause (a) or (b); or (d)  dismissing a claim for an amount that is more than the amount set out in clause (a) or (b) and in respect of which the judge or jury indicates that if the claim had been allowed the amount awarded would have been not more than the amount set out in clause (a) or (b).  2006, c. 21, Sched. A, s. 3; 2009, c. 33, Sched. 2, s. 20 (2). Same (1.2) If the notice of appeal is filed on or after October 1, 2007, clause (1) (a) applies in respect of a final order, (a)  for a single payment of not more than $50,000, exclusive of costs; (b)  for periodic payments that amount to not more than $50,000, exclusive of costs, in the 12 months commencing on the date the first payment is due under the order; (c)  dismissing a claim for an amount that is not more than the amount set out in clause (a) or (b); or (d)  dismissing a claim for an amount that is more than the amount set out in clause (a) or (b) and in respect of which the judge or jury indicates that if the claim had been allowed the amount awarded would have been not more than the amount set out in clause (a) or (b).  2006, c. 21, Sched. A, s. 3; 2009, c. 33, Sched. 2, s. 20 (3). Combining of appeals from Superior Court of Justice (2) The Divisional Court has jurisdiction to hear and determine an appeal that lies to the Superior Court of Justice if an appeal in the same proceeding lies to and is taken to the Divisional Court.  R.S.O. 1990, c. C.43, s. 19 (2); 1996, c. 25, s. 9 (17). Same (3) The Divisional Court may, on motion, transfer an appeal that has already been commenced in the Superior Court of Justice to the Divisional Court for the purpose of subsection (2).  R.S.O. 1990, c. C.43, s. 19 (3); 1996, c. 25, s. 9 (17). Appeal from interlocutory orders (4) No appeal lies from an interlocutory order of a judge of the Superior Court of Justice made on an appeal from an interlocutory order of the Ontario Court of Justice.  R.S.O. 1990, c. C.43, s. 19 (4); 1996, c. 25, s. 9 (17, 18). Transition (5) This section, as it read immediately before the day subsection 2 (1) of Schedule 2 to the Moving Ontario Family Law Forward Act, 2020 came into force, continues to apply to, (a)  any case in which a notice of appeal was filed before that day; and (b)  any further appeals or proceedings arising from a case described in clause (a). 2020, c. 25, Sched. 2, s. 2 (2). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 6 - 28/02/1995; 1996, c. 25, s. 1 (2) - 31/10/1996; 1996, c. 25, s. 9 (17, 18) - 19/04/1999 2006, c. 21, Sched. A, s. 3 - 01/10/2007 2009, c. 33, Sched. 2, s. 20 (2, 3) - 15/12/2009 2015, c. 23, s. 2
- 03/11/2015 2020, c. 25, Sched. 2, s. 2 (1, 2) - 01/03/2021 2021, c. 4, Sched. 3, s. 2 (1) - 01/09/2021; 2021, c. 4, Sched. 3, s. 2 (2) - not in force Place for hearing