Notice to the Profession
Filing of Electronic Versions of Factums and Transcripts in Appeals and Motions Before the Court of Appeal for Ontario
As a result of amendments to the Rules of Civil Procedure effective January 4, 1999, parties are required to file electronic versions of factums and transcripts in civil appeals. The Court encourages parties also to file electronic versions of factums and transcripts in criminal appeals and in criminal and civil motions. This notice sets out the procedures to be followed by parties filing electronic versions of factums or transcripts in criminal and civil appeals and motions.This notice replaces the existing "Administrative Guideline Electronic Filing of Documents in the Court of Appeal". The Court also requests that parties include their e-mail address on all documents filed with the Court.
The Court of Appeal encourages parties to file factums or transcripts by e-mail.
Parties may file factums or transcripts through the Internet within the times prescribed by the Rules of Civil Procedure and the Criminal Appeal Rules by sending the factum or transcript as an e-mail attachment to the Court of Appeal at COA.E-file.
Factums or transcripts submitted through the Internet must be in HTML format.
Message accompanying E-mail attachment
The cover e-mail accompanying a factum or transcript must list the motion or appeal by name and by appeal or motion number. The attachment icon in the cover e-mail must indicate the appeal or motion number and the document code identifying the type of document. A sample cover e-mail message is set out below: Attached are the [Appellant's/Respondent's/ Moving Party's] factums and a transcript in the following cases, which are listed for [insert date]:
Other Electronic Filings
Although the Court prefers e-mail, the Court will continue to accept other forms of electronic versions of factums and transcripts. Parties may file factums or transcripts on diskettes formatted for an IBM computer or on CD-ROM (written using the ISO 9660 standard or equivalent) within the times prescribed by the Rules of Civil Procedure and the Criminal Appeal Rules. Electronic versions of factums and transcripts submitted other than through the Internet may be submitted in most of the common formats including:
The Court is in a transition stage respecting the filing of electronic versions of documents and therefore, parties filing electronic versions of factums or transcripts must still file typed or printed copies of such documents in accordance with the requirements of the Rules of Civil Procedure and the Criminal Appeal Rules.
An electronic version of a document must be formatted so that the complete document is contained in a single electronic file or e-mail attachment. For example, a single file or e-mail attachment for a factum should contain the front and back pages, the index, the text and the schedules. Do not submit separate electronic files or e-mail attachments for the different sections of a factum or transcript An electronic version of a factum or transcript must be formatted so that the electronic version contains, so far as practical, the identical information as and appears identical to a paper version that conforms to the requirements of the Rules of Civil Procedure and the Criminal Appeal Rules.
Naming of electronic versions of factums or transcripts
The file names for all electronic versions of factums or transcripts must start with the Court of Appeal appeal or motion number followed by one of the character codes set out below.
Failure to comply with this Notice
Please note that the Court of Appeal will reject any electronic version of a factum or transcript that does not conform to the procedures set out in this Notice.
April 5, 2000
CJO R. Roy McMurtry