Lay person confused about appeal in ontario

Hello all. I had a purchase of a store fall through, and I tried to sue the vendor/landlord in the Superior Court of Justice in Ontario for over $100K. This store was my income. I am literally broke. Bank account is over $200 in the hole. Zero investments. I could not afford a lawyer. I lost. My claim was dismissed. The defendant's counterclaim was dismissed and he got to keep my $35K deposit as liquidated damages. We are to bear our own costs.

The judge issued his judgement on May 21/09. This gives me until June 19/09 to file my appeal. I wrote to the vendor saying if he did not object to the enclosed version of the judgement, then I would be filing that version with the court. Today I tried to file it, but the court staff would not allow me to do so without the defendant's written consent to do so. She set up an appointment with the registrar for July 15/09.

How on earth can I serve and file appeal papers before the deadline, without a filed order? And the court staff told me that my appeal lies to the Divisional Court, and not the Court of Appeal. I feel she is wrong. I cannot file appeals with 2 courts. That just doesn't seem right.

I guess my questions are:

1) How can I file my appeal in time, even though the order has not been filed, if that is possible?
2) I believe the Courts of Justice Act s. 6(1)(b) says I appeal to the Court of Appeal, correct?

Asked almost 3 years ago in Unknown
Categories: Civil Litigation 

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