Consolidated Practice Direction Regarding Proceedings in the Court of Appeal During the COVID-19 Pandemic
Effective: March 29, 2021
Released: March 15, 2021
Revisions Released: March 31, 2021; July 6, 2021
The Oral Hearing Compendium may be in a traditional written document and/or a slide presentation to be presented during argument.
(i) Appeals by the Crown
(ii) Appeals by the Accused
As noted in paragraph 6 of this Practice Direction, parties must file all documents electronically. Paper copies of documents are not required. The requirements of the Rules of Civil Procedure, the Criminal Appeal Rules, the Family Law Rules, and all existing practice directions and guidelines requiring the filing of paper copies of documents in the Court of Appeal are dispensed with unless otherwise ordered by the court.
The court cannot access cloud-based file-sharing services that use two-stage verification, require online registration (including by requesting that a user enter a name and/or email address), or are blocked by the court’s network due to firewall restrictions, including WeTransfer.
Subject: C12345 – Appellant’s Factum [Note: Publication ban under s. 134(11) of the Child, Youth and Family Services Act]
Please note that the materials in the attached factum are subject to a statutory prohibition under s. 134(11) of the Child, Youth and Family Services Act on publishing or making public information that has the effect of identifying a witness at or a participant in a hearing, or a party to a hearing other than a society.
Unless permission is given by the court, it is an offence under s. 136 of the Courts of Justice Act, R.S.O. 1990, c. C.43, punishable by a fine of not more than $25,000 or imprisonment of up to six months, or both, to record any part of the hearing, including by way of screenshot/capture and photograph, as well as to publish, broadcast, reproduce or disseminate any such recording.
This warning will be included with the Zoom link, webinar/meeting ID and password, and telephone numbers for the hearing provided to the parties by the court.
(i) New Standard Wording
You must surrender into custody at the institution from which you were released by 7:00 a.m. on the morning the judgment is to be released or by 7:00 a.m. on [insert “sunset date”], whichever is earlier.
(ii) New Release Orders
(iii) Existing Release Orders
March 15, 2021
Chief Justice George R. Strathy
¶ Parties to panel and single judge motions must file a Counsel Slip and Hearing Information Form in accordance with section V.C of this Practice Direction. In particular, moving parties in single judge motions must submit the completed Counsel Slip and Hearing Information Form to the court’s e-filing email address at firstname.lastname@example.org at the same time as they file their notice of motion. The responding parties to single judge motions must submit their form 24 hours before the hearing (excluding weekends and holidays). For panel motions, parties must file the completed Counsel Slip and Hearing Information Form to email@example.com at least 10 business days before the hearing.
New Standard Wording
¶ Given the unprecedented circumstances of the COVID-19 pandemic, the court has changed the standard wording of the surrender condition that must be included in all orders for release from custody pending appeal. Unless otherwise ordered by a judge, the new standard wording of the surrender condition is:
¶ The new standard is designed to reduce the number and duration of surrenders while appellants are on release pending the determination of their appeal. Pursuant to the new standard wording, appellants no longer have to surrender before the appeal hearing, only before the release of the judgment. Also, appellants do not have to spend the night in custody; instead, they only need to surrender by 7:00 a.m. the morning the judgment is to be released or the morning of the “sunset date”, whichever is earlier.
¶ The “sunset date” in the new standard wording is like an expiry date for a release order, and it helps the court monitor the progress of these appeals. The court would encourage the parties to propose a “sunset date” that takes into account the challenges and delays associated with the COVID-19 pandemic. If necessary, applications to extend a “sunset date” should be brought well in advance.
¶ The new standard wording of the surrender condition remains subject to what an individual judge may decide is appropriate in the circumstances of a particular case.
New Release Orders
¶ Unless otherwise ordered by a judge, the new standard wording of the surrender condition set out in paragraph 116 must now be used in all new release orders made by the court.
Existing Release Orders
¶ This Practice Direction does not alter existing release orders. Existing release orders must be complied with.
¶ If an appellant wishes to vary the surrender condition in the appellant’s existing release order to reflect the new standard wording set out in paragraph 116, the court would encourage the appellant to apply well in advance of the hearing date.
Counsel are to make their best efforts to re-submit the order to the court within two days of the order being issued. If counsel expect a delay in re-submitting the order to the court, they are to email the motions clerk at COA.SingleJudgeMotions@ontario.ca.
¶ Barring exceptional circumstances, the institution must send the completed order back to the court on the same day that the appellant is released. Court of Appeal staff will send copies to counsel for the appellant and the Crown upon receipt.
¶ As a result of changes made in response to the COVID-19 pandemic, the Court of Appeal currently requires parties to file electronic versions of all court documents, including appeal and motion materials in all criminal and civil proceedings. The requirements of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, the Criminal Appeal Rules, S.I./93-169, the Family Law Rules, O. Reg. 114/99, and all existing practice directions and guidelines requiring the filing of paper copies of documents in the Court of Appeal are dispensed with unless otherwise ordered by the court.
The Optical Character Recognition software must be set to at least 300 dpi and must not be set to grayscale.
¶ The file names for all electronically-filed materials must comply with the naming conventions set out at Appendix B of this Practice Direction.
¶ Failure to comply with any of the requirements for electronic filing may result in materials being rejected.
¶ All documents that are served and filed electronically must be labelled with the court file number and named in accordance with the file-naming rules set out in Appendix B of this Practice Direction.
Filing by Email
¶ The email address for electronically filing materials at the Court of Appeal is COA.Efirstname.lastname@example.org. The COA.Eemail@example.com address is not designed or intended to receive any inquiries or other communications about court proceedings. Unless otherwise directed, the COA.Efirstname.lastname@example.org address should only be used to file materials and correspondence as specified in this Practice Direction, the Practice Direction Concerning Civil Appeals at the Court of Appeal for Ontario, and the Practice Direction Concerning Criminal Appeals at the Court of Appeal for Ontario. Requests to obtain status updates on filings and other general inquiries should not be made to COA.Eemail@example.com, but instead directed to the court’s Intake Office at 416-327-5020 from within the Toronto area, or toll free at 1-855-718-1756 from outside Toronto. Court staff will answer calls Monday to Friday from 8:30 a.m. to 4:00 p.m., excluding weekends and holidays.
¶ An automatic reply is sent when an email is sent to COA.Efirstname.lastname@example.org. The automatic reply is not confirmation that the documents have been accepted for filing. If there are problems with the documents and they are not accepted for filing, the court will contact the affected party.
¶ Documents filed by email attachment cannot be larger than 35MB. Documents larger than 35MB should be divided into smaller parts and labelled accordingly or should be sent using a file-sharing service that provides shared links online or in the cloud. Parties should be aware that their internet service/email provider may have lower limits on the permitted size of attachments.
¶ The court can access the following file-sharing services, provided the documents are shared with a direct link:
(i) Microsoft OneDrive;
(ii) Google Drive;
(iii) Dropbox; and
(iv) Enterprise Attachment Transfer Service.
¶ Parties must include in the subject line and the body of the email the court file number and the nature of the document or documents being filed. If any information in the document or documents is subject to a publication ban, sealing order, or legislative provision banning publication, then the existence of the restriction on publication should clearly be indicated in the subject line and the body of the email. For example:
Filing by USB Key
¶ Parties may electronically file materials with the Court of Appeal by filing a USB key by mail, by courier, or in person. Only one copy of the USB key is required.
¶ The USB key must be labelled with the court file number. The party must include a covering letter setting out a list of the files contained on the USB key.
¶ If any information found on the USB key is subject to a publication ban, sealing order, or legislative provision banning publication, then this should clearly be indicated on the covering letter and, if feasible, on a label affixed to the USB key.
Payment of Filing Fees
¶ During the COVID-19 pandemic, the court is accepting payment of filing fees by (i) cheque, (ii) money order, or (iii) credit card. Cheques and money orders should be made payable to the Minister of Finance and may be sent by mail or courier or delivered in person to the court. Parties making payment by credit card must complete an authorization form and return it to the court by email at COA.e‑email@example.com.
¶ A list of filing fees is available at this link.
¶ Parties to the Zoom hearing should label themselves with their full names and roles in the proceeding, not with pseudonyms or aliases. Parties are invited to include their prefix (e.g., Mr./Ms./Mrs./Mx., etc.) and/or pronouns (e.g., he/him, she/her, they/them, etc.) in their screen name.
¶ Prior to screensharing, parties should seek permission from the presiding judge or judges at the hearing.
C55597.Appellant’s Reply Factum to Interveners.PDF
Appeal Book and Compendium
Compendium for Argument – Appellant
Appellant’s Book of Authorities
Intervener’s Book of Authorities
Respondent’s Book of Authorities
Bill of Costs – Appellant
Bill of Costs – Respondent
Factum of the Appellant
Factum of Amicus Curiae
Factum of Intervener
Factum of the Respondent
Factum of the Cross-Appellant
Factum of the Cross-Respondent
Respondent’s Appeal Book
Compendium for Argument – Respondent
Supplementary Appeal Book
Supplementary Appeal Book and Compendium
Supplementary Factum – Appellant
Supplementary Book of Authorities – Appellant
Supplementary Book of Authorities – Respondent
Supplementary Factum – Respondent
Moving Party Authorities
Moving Party Factum
Moving Party Motion Record
Moving Party Reply Factum (Motion for Leave to Appeal)
Responding Party Authorities
Responding Party Factum
Responding Party Motion Record
Supplementary Motion Record for the Moving Party
Supplementary Motion Record for the Respondents
The following are best practices for appearances by Zoom at the Court of Appeal. These practices are for guidance and are not intended to be exhaustive. Parties should follow any direction given by the panel or presiding judge. They may also wish to consult the E‑Hearings Task Force’s Best Practices for Remote Hearings.