Notice of Appeal (COA) - Re: Procedure (Rule 61)

Procedure for the Appellant

R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE

61.04 (1) An appeal to an appellate court shall be commenced by serving a notice of appeal (Form 61A or 61A.1) together with the certificate required by subrule 61.05 (1), within 30 days after the making of the order appealed from, unless a statute or these rules provide otherwise,

(a) on every party whose interest may be affected by the appeal, subject to subrule (1.1); and

(b) on any person entitled by statute to be heard on the appeal. O. Reg. 14/04, s. 31; O. Reg. 536/18, s. 2 (1).

61.09 (3) The appellant shall,

(a) serve on every other party to the appeal and any other person entitled by statute or an order under rule 13.03 (intervention in appeal) to be heard on the appeal,

(i) the appeal book and compendium referred to in rule 61.10,

(ii) the exhibit book referred to in rule 61.10.1,

(iii) a typed or printed copy of the transcript of evidence,

(iv) an electronic version of the transcript of evidence, and

(v) a typed or printed copy of the appellant’s factum referred to in rule 61.11;

(b) file with the Registrar, with proof of service,

(i) three copies of the appeal book and compendium, and where the appeal is to be heard by five judges, two additional copies,

(ii) one copy of the exhibit book,

(iii) a typed or printed copy of the transcript of evidence,

(iv) an electronic version of the transcript of evidence,

(v) three typed or printed copies of the appellant’s factum, and where the appeal is to be heard by five judges, two additional copies, and

(vi) an electronic version of the appellant’s factum; and

(c) serve on every person served under clause (a), and file with the Registrar, a certificate of perfection,

(i) stating that the appeal book and compendium, exhibit book, transcripts, if any, and appellant’s factum have been filed, and

(ii) setting out, with respect to every party to the appeal and any other person entitled by statute or by an order under rule 13.03 (intervention in appeal) to be heard on the appeal,

(A) the name, address and telephone number of the party’s or other person’s lawyer, or

(B) the name, address for service and telephone number of the party or other person, if acting in person. O. Reg. 570/98, s. 6 (2); O. Reg. 19/03, s. 13 (1-3); O. Reg. 260/05, s. 14; O. Reg. 170/14, s. 21; O. Reg. 82/17, s. 9.

APPEAL BOOK AND COMPENDIUM

61.10 (1) The appeal book and compendium shall contain, in consecutively numbered pages with numbered tabs arranged in the following order,

(a) a table of contents describing each document by its nature and date;

(b) a copy of the notice of appeal and of any notice of cross-appeal or supplementary notice of appeal or cross-appeal;

(c) a copy of the order or decision appealed from as signed and entered;

(d) a copy of the reasons of the court or tribunal appealed from, with a further typed or printed copy if the reasons are handwritten;

(e) if an earlier order or decision was the subject of the hearing before the court or tribunal appealed from, a copy of the order or decision, as signed and entered, and a copy of any reasons for it, with a further typed or printed copy if the reasons are handwritten;

(f) a copy of the pleadings or notice of application or of any other document that initiated the proceeding or defines the issues in it;

(g) a copy of any excerpts from a transcript of evidence that are referred to in the appellant’s factum;

(h) a copy of any exhibits that are referred to in the appellant’s factum;

(i) a copy of any other documents relevant to the hearing of the appeal that are referred to in the appellant’s factum;

(j) a copy of the certificates or agreement respecting evidence referred to in rule 61.05;

(k) a copy of any order made in respect of the conduct of the appeal; and

(l) a certificate (Form 61H) signed by the appellant’s lawyer, or on the lawyer’s behalf by someone he or she has specifically authorized, stating that the contents of the appeal book and compendium are complete and legible. O. Reg. 19/03, s. 14.

(2) The Registrar may refuse to accept an appeal book and compendium if it does not comply with these rules or is not legible. O. Reg. 19/03, s. 14.

EXHIBIT BOOK

61.10.1 The exhibit book shall contain, in consecutively numbered pages with numbered tabs arranged in the following order,

(a) a table of contents describing each exhibit by its nature, date and exhibit number or letter;

(b) any affidavit evidence, including exhibits, that the parties have not agreed to omit;

(c) transcripts of evidence used on a motion or application that the parties have not agreed to omit; and

(d) a copy of each exhibit filed at a hearing or marked on an examination that the parties have not agreed to omit, arranged in order by date (or, if there are documents with common characteristics, grouped accordingly in order by date) and not by exhibit number. O. Reg. 19/03, s. 15.

APPELLANT’S FACTUM

61.11 (1) The appellant’s factum shall be signed by the appellant’s lawyer, or on the lawyer’s behalf by someone he or she has specifically authorized, and shall consist of,

(a) Part I, containing a statement identifying the appellant and the court or tribunal appealed from and stating the result in that court or tribunal;

(b) Part II, containing a concise overview statement describing the nature of the case and of the issues;

(c) Part III, containing a concise summary of the facts relevant to the issues on the appeal, with such reference to the transcript of evidence and the exhibits as is necessary;

(d) 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;

(d.1) Part V, containing a statement of the order that the appellate court will be asked to make, including any order for costs;

(e) a certificate stating,

(i) that an order under subrule 61.09 (2) (original record and exhibits) has been obtained or is not required, and

(ii) how much time (expressed in hours or fractions of an hour) the lawyer estimates will be required for his or her oral argument, not including reply;

(f) Schedule A, containing a list of the authorities referred to; and

(g) Schedule B, containing the text of all relevant provisions of statutes, regulations and by-laws. O. Reg. 534/95, s. 4; O. Reg. 570/98, s. 9 (1); O. Reg. 24/00, s. 9; O. Reg. 19/03, s. 16 (1); O. Reg. 575/07, ss. 4, 27.

(1.1) References to the transcript of evidence shall be by tab, page number and line in the appeal book and compendium, and references to exhibits shall be by page number in the exhibit book and by tab and page number in the appeal book and compendium. O. Reg. 19/03, s. 16 (2).

(2) Parts I to V shall be arranged in paragraphs numbered consecutively throughout the factum. O. Reg. 534/95, s. 4; O. Reg. 570/98, s. 9 (2).