Appeal Process ONDC - General

Filling an Appeal

• R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE See (RULE 61 APPEALS TO AN APPELLATE COURT)

Divisional Court Fees

• Fee to file Notice of Appeal: $130
• Fee to file Certificate of Perfection: $608
• Fee to file Notice of Motion for Leave to Appeal: $320

Transcript Fees:

• To transcribe all or part of a recording and produce a first certified copy of a transcript, $4.30 per page or $20.00, whichever is greater.
• To transcribe all or part of a recording and produce a first certified copy of a transcript, to be provided within five business days, $6.00 per page or $20.00, whichever is greater.
• To transcribe all or part of a recording and produce a first certified copy of a transcript, to be provided within 24 hours, $8.00 per page or $20.00, whichever is greater.
• For any additional certified copy of the transcript, in printed format, $.55 per page or $20.00, whichever is greater.
• For an electronic copy of the transcript, requested at the same time as a request for item 1, 2, 3 or 4, no charge.
• For an electronic copy of the transcript, requested at any other time, $20.00.

Filling a Cross-Appeal

CROSS-APPEALS 61.07 (1) A respondent who,

(a) seeks to set aside or vary the order appealed from; or

(b) will seek, if the appeal is allowed in whole or in part, other relief or a different disposition than the order appealed from,

shall, within fifteen days after service of the notice of appeal, serve a notice of cross-appeal (Form 61E) on all parties whose interests may be affected by the cross-appeal and on any person entitled by statute to be heard on the appeal, stating the relief sought and the grounds of the cross-appeal. R.R.O. 1990, Reg. 194, r. 61.07 (1). (1.1) A respondent may, subject to subrule (1.2), serve a notice of cross-appeal without obtaining leave to appeal for the cross-appeal if,

(a) there is an appeal as of right; or

(b) leave to appeal has been granted. O. Reg. 206/02, s. 15.

(1.2) The respondent shall obtain leave to appeal in the manner provided by subrule 61.03 (8) or 61.03.1 (18), as the case may be, if the cross-appeal is taken under a statute that requires leave for an appeal. O. Reg. 394/09, s. 26.

Automatic Right of Appeal

Time Limits to File

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,

65.05 (5) The appellant shall within thirty days after filing the notice of appeal file proof that the appellant has ordered a transcript of all oral evidence that the parties have not agreed to omit, subject to any direction under subrule 61.09 (4) (relief from compliance).

61.09 (1) The appellant shall perfect the appeal by complying with subrules (2) and (3),

(a) where no transcript of evidence is required for the appeal, within thirty days after filing the notice of appeal; or

(b) where a transcript of evidence is required for the appeal, within 60 days after receiving notice that the evidence has been transcribed.

Step One

1. Notice of Appeal
2. Affidavit Respecting Evidence
3. Affidavit of Service

Table of Documents

• Appeal Book and Compendium
  • Table of Contents
  • a copy of The Notice of Appeal and of any Notice of Cross-Appeal or Supplementary Notice of Appeal or Cross-appeal
  • a copy of the Order or Decision Appealed From (as signed and entered)
  • a copy of the reasons of the court or tribunal appealed from, with a further typed or printed copy if the reasons are handwritten
  • 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
  • a copy of the pleadings or notice of application or of any other document that initiated the proceeding or defines the issues in it;
  • a copy of any excerpts from a transcript of evidence that are referred to in the appellant’s factum;
  • a copy of any exhibits that are referred to in the appellant’s factum;
  • a copy of any other documents relevant to the hearing of the appeal that are referred to in the appellant’s factum;
  • a copy of the certificates or agreement respecting evidence referred to in rule 61.05;
  • a copy of any order made in respect of the conduct of the appeal; and
  • 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.
• Exhibit Book
  • a table of contents describing each exhibit by its nature, date and exhibit number or letter;
  • any affidavit evidence, including exhibits, that the parties have not agreed to omit;
  • transcripts of evidence used on a motion or application that the parties have not agreed to omit; and
  • 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.
• Transcript of Evidence
• Appellant’s Factum
  • PART I (The Appellant and Court Appealed From)
  • PART II (Nature of the Case & Issues)
  • PART III (Summary of the Facts Relevant to the Issues on Appeal)
  • PART IV (Statement of Each Issue Raised, with Argument)
  • PART V (The Order the Appellate is Seeking)

Material to be Served and Filed (Rule 68.09(3))

(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.

Relief from Compliance

(4) If it is necessary to do so in the interest of justice, a judge of the appellate court may give special directions and vary the rules governing the appeal book and compendium, the exhibit book, the transcript of evidence and the appellant’s factum. O. Reg. 19/03, s. 13 (4).