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.