Law Society of Ontario (LSO) Paralegal Practice Exam 2026 - Free Paralegal Practice Questions and Study Guide

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What are the grounds for appealing a decision made in small claims court?

Inability to pay the judgment amount

Errors in law, misinterpretation of evidence, or procedural unfairness

The grounds for appealing a decision made in small claims court primarily revolve around legal misjudgments, including errors in law, misinterpretation of evidence, or procedural unfairness. An appeal is fundamentally about assessing whether the law was applied correctly and whether the legal process met the required standards of fairness.

Errors in law might involve incorrect interpretations of statutes or legal principles that significantly affect the outcome of a case. Misinterpretation of evidence occurs when the court misreads or misappraises the evidence presented, leading to potentially unjust outcomes. Procedural unfairness can encompass various issues, such as not allowing one party to present their case properly or not following required legal processes, which can impact the integrity of the decision-making process.

This focus on legal and procedural integrity is essential in allowing for a fair appellate review, providing the opportunity to rectify any mistakes that may have occurred during the original trial. Other options, while they may indicate dissatisfaction with the trial's outcome, do not constitute valid grounds for appeal under Ontario’s small claims court framework. For example, an inability to pay the judgment amount does not challenge the legal validity of the decision, and disagreement with a judge's demeanor does not typically have bearing on the merits or legality of the judgment. Similarly, new

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Disagreement with the judge's demeanor

New evidence that was not previously available

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