This guide is intended to help you prepare for your civil appeal. Office staff cannot provide legal advice or complete your appeal on your behalf. For more information about civil appeals and procedures, please refer to the "Rules of Civil Procedure". These Rules are set out in the Ontario Regulations under the Courts of Justice Act.

What appeals lie to the Court of Appeal?

An appeal lies to the Court of Appeal from:

a) an order of the Divisional Court, on a question that is not a question of fact alone, with leave of the Court of Appeal;

b) a final order of a judge of the Superior Court of Justice, except where payment does not exceed $25,000; and

c) a certificate of assessment of costs issued in a proceeding in the Court of Appeal.

What of other possible appeals to the Court of Appeal?

Certain civil appeals are governed by other statutes. Please refer to those statutes for the appeal procedure.

Do I require a lawyer?

No. You may represent yourself at the Court of Appeal, but it is recommended that you seek legal advice where possible.

Do I have an automatic right of appeal to the Court of Appeal?

Not in all cases. In some appeals, the appellant must first obtain leave to appeal. An appeal from an order of the Divisional Court, for instance, requires leave to appeal.

How do I apply for leave to appeal?

In most civil appeals that require leave, a notice of motion for leave to appeal must be served within 15 days from the date of the order being appealed and filed within 5 days of service. If leave to appeal is granted, a notice of appeal must then be served and filed within seven days.

How do I begin an appeal?

An appeal is initiated by serving and filing one copy of a notice of appeal (Form 61A) and one copy of an appellant's certificate respecting evidence (Form 61C). Proof that copies of both the notice of appeal and the certificate respecting evidence have been served on the respondent(s) must be filed with the Court of Appeal. Proof of service should be in the form of an affidavit of service (Form 16B ) as to when , where and how the documents were served, or by an admission by the party to be served as to the service of the document to be filed.

What is the deadline to file the notice of appeal?

Usually, a notice of appeal must be served on the respondent(s) within 30 days after the date of the order appealed from. The appellant then has 10 days to file the notice of appeal from the day the respondent(s) were served.

What if my appeal is from Bankruptcy Court?

An appeal from an order made by the Bankruptcy Court is processed differently from other appeals. The appellant must serve and file the notice of appeal with the Registrar of the Bankruptcy Court within 10 days of the order or decision appealed from. The Registrar of Bankruptcy Court then sends it to the Court of Appeal office.

What if my time to file an appeal has expired?

The appellant has two options:

a) to attempt to get consent from the respondent(s) for late service and/or filing of the notice of appeal. This consent must be in writing and must be signed by the respondent(s). The written consent must accompany the notice of appeal when it is presented for filing; or

b) to bring a motion for an order extending the time for service and/or filing of the notice of appeal. A notice of motion (Form 37A) must be prepared and a copy served on the respondent(s), and then filed in the Court of Appeal with proof of such service.

What do I do once the notice of appeal has been filed?

If a transcript of evidence is necessary for the appeal, the appellant is required to file within 30 days proof that he or she has ordered the transcript.

What other materials am I required to file?

The appellant must file the following documents, all of which are described below:

a) appeal book: 3 copies;
b) exhibit book: 1 copy;
c) factum: 3 copies and an electronic version;
d) transcript: 1 copy and an electronic version, unless the court reporter did not prepare one;
e) book of authorities: 3 copies; and
f) compendium of evidence and exhibits: 3 copies.

All documents, except the book of authorities, must be served on the respondent(s) before they are filed, and proof of service must be filed with the Court of Appeal office when the documents are presented for filing. Once the appeal book, the exhibit book, the transcript of evidence and the appellant's factum have been filed, the appellant must file a certificate of perfection, for which there is a filing fee. At this stage, the appeal is considered "perfected", meaning that it is ready to be listed for hearing by the Court of Appeal. The book of authorities and compendium of evidence and exhibits do not have to be filed at the time the appeal is perfected, but they must be filed at least 60 days before the appeal is actually heard.

Appeal book

The appeal book contains copies of all pertinent documents that were before the court from which the appeal has been taken. The appeal book must:

1) be bound front and back in buff covers;
2) have consecutively numbered pages throughout;
3) contain a table of contents describing each document, including:
a) the notice of appeal and any notice of cross-appeal or supplementary notice of appeal or cross-appeal;
b) the order or decision appealed from, as signed and entered, except an appeal from an annulment or discharge in Bankruptcy Court;
c) the reasons of the court appealed from, with a further typed or printed copy if the reasons are handwritten;
d) the pleadings or notice of application or any other document that initiated the proceeding or defines the issues in it;
e) the certificates or agreement respecting evidence;
f) any order made in respect of the conduct of the appeal;
g) any other document relevant to the hearing of the appeal; and
h) a certificate of completeness (Form 61H ) stating that the contents of the appeal book are complete and legible, signed by the appellant.

Exhibit book

The exhibit book contains copies of all of the exhibits filed in the court from which the appeal has been taken. The exhibit book must:

1) be bound front and back in buff covers;
2) have consecutively numbered pages throughout;
3) contain a table of contents describing each exhibit, its date and its exhibit number or letter; and
4) contain a copy of each exhibit filed in the court from which the appeal has been taken that the parties have not agreed to omit, arranged in order by date and not by exhibit number.

Note: If there are fewer than 10 exhibits, copies of the exhibits may simply be included in the appeal book.

Factum

The factum contains a statement of facts and an outline of the legal points on which the appellant bases his or her case. The appellant must type his or her name and sign the factum. It may not exceed 30 pages in length without leave of the court. The appellant's factum must:

1) be bound front and back in white covers, and must consist of:
2) Part I, containing a statement identifying the appellant and the court appealed from and stating the result in that court;
3) Part II, containing a concise overview statement describing the nature of the case and of the issues;
4) Part III, containing a concise summary of the facts relevant to the issues on the appeal, with such references to the evidence by page and line as is necessary;
5) Part IV, containing a statement of each issue raised, immediately followed by a concise argument with reference to the law and authorities relating to that issue;
6) Part V, containing a statement of the order that the Court of Appeal will be asked to make, including any order for costs;
7) contain a certificate stating,
a) that an order to transfer the original record and exhibits has been obtained or is not required, and
b) how much time counsel estimates will be required for his or her oral argument;
8) Schedule A, containing a list of authorities referred to in the order in which they appear in Part IV; and
9) Schedule B, setting out the text of all relevant provisions of statutes, regulations and by-laws.

Transcript

The transcript is prepared by the court reporter or reporters present during the trial, and is a transcript of the oral evidence given at trial. Within 60 days after receiving notice that the evidence has been transcribed, the appellant must serve one copy on the respondent and file three copies with the Court of Appeal office with proof of such service. Transcripts are bound front and back in red covers.

Certificate of perfection

The certificate of perfection certifies that the appeal book, exhibit book, transcripts, and appellant's factum have been served and filed, and sets out the name, address and telephone number of the respondent or of his or her lawyer.

Book of authorities

The book of authorities contains copies of all cases, statutes and other authorities that the appellant considers to be relevant to the appeal. The book of authorities must be bound front and back in white covers and the passages that will be referred to in oral argument must be marked, that is, underlined, highlighted or side-barred.

Compendium of evidence and exhibits

The compendium of evidence and exhibits must be served on the respondent and filed with the Court of Appeal office at least 60 days before the date scheduled for the hearing of the appeal. It must:

1) be bound front and back in yellow covers;
2) have consecutively numbered pages throughout;
3) contain a table of contents describing each excerpt from the transcript of evidence and each exhibit by its nature, date and exhibit number or letter;
4) contain the excerpts from the transcript of evidence to which the appellant intends to refer during the hearing of the appeal; and
5) contain the exhibits to which the appellant intends to refer during the hearing of the appeal, arranged in order by date and not by exhibit number.

What will happen if I delay the perfection of the appeal?

One of three things can happen:

a) if you do not file proof that a transcript of evidence was ordered, the respondent may move before the Registrar of the Court of Appeal for dismissal of the appeal for delay;
b) if the appeal is one for which no transcript of evidence is required and the appeal has not been perfected within 30 days after filing the notice of appeal, the respondent may move before the Registrar for dismissal of the appeal for delay. The Registrar may also take steps to dismiss the appeal for delay; and
c) if within 1 year after filing the notice of appeal you have not perfected the appeal, the Registrar of the Court of Appeal may take steps to dismiss the appeal for delay.

What can I do if I am not able to perfect on time?

If, for reasons beyond your control, you are not able to perfect the appeal on time, you have two options:

a) to ask the respondent for consent in writing to an extension of time to perfect the appeal; or
b) to file a motion to be heard by a Court of Appeal judge asking for an extension of time to perfect the appeal.

When will the appeal be heard?

Once the appeal is perfected, it is placed on a list of appeals ready for hearing, and the appeal is assigned a hearing date depending upon the nature of the appeal involved and its place on the list.

When should the respondent's material be filed?

The respondent's factum must be served and filed within 60 days after service of the appeal book, exhibit book, transcript of evidence and appellant's factum. The respondent's compendium of evidence and exhibits must be served on the appellant and filed with the Court of Appeal office at least 60 days before the date scheduled for the hearing of the appeal.

What if I decide not to continue the appeal?

When an appellant chooses to discontinue (abandon) the appeal, a notice of abandonment (Form 61K) must be served on the respondent and filed with proof of service in the Court of Appeal office. Where an appeal is abandoned, the appeal is at an end. The respondent(s) is entitled to the costs of the appeal unless a judge of the Court of Appeal orders otherwise.

GLOSSARY OF TERMS

Affidavit of service is a statement sworn or affirmed, indicating that the document to which it refers was delivered to the opposing party and indicating when, where, and how such delivery was made.

Interlocutory order is an order that is not final. An order is interlocutory if it does not finally dispose of the rights of the parties in the court from which the proposed appeal is to be brought.

Original papers/exhibits are documents filed at the trial or hearing of the proceeding under appeal.

Summary judgment may be granted to either the plaintiff or the defendant at an early stage in an action, where the court is satisfied that there is no genuine issue for trial.

COURT ADMINISTRATION FEES

Certificate (non-filing, certification…)	$19
Certificate of stay	$19
Commissioning affidavits (each)	$11
Forwarding documents/exhibits to Supreme Court  (plus transportation cost)	$65
Notice of appeal	$225
Notice of appointment to settle order	$90
Notice of cross-appeal	$225
Notice of motion (family law)	$90
Notice of motion (general)	$110
Notice of return of motion	$110
Order on consent	$110
Perfecting an appeal	$175
Photocopies (no certification) (per page)	$2
Photocopies (with certification) (per page)	$3.50
Requisition of closed files not yet in Cooksville	$28
Requisition of closed files from Cooksville	$53
Writ of seizure and sale	$48

METHOD OF PAYMENT

Money order payable to the Minister of Finance
Cheque payable to the Minister of Finance
Interact payment	Cash	Major credit cards