Quick Reference Chart: Documents Filed in appeals at the Court of Appeal

Inside this guide:

Introduction
Part One: Starting an appeal
Part Two: Responding to an appeal
Part Three: Hearing the application for leave to appeal
Part Four: Hearing the appeal
Part Five: Procedures where a stay of a driving prohibition is sought

Quick Reference Chart: Documents Filed in appeals at the Court of Appeal


QUICK REFERENCE CHART (PDF Version)

Documents filed for appeals of summary conviction appeals (non-inmate) at the Court of Appeal for Ontario

(**Excluding applications heard by a single judge where a stay of a driving prohibition is sought)

The information contained in this guide is only an overview of the relevant legislation and rules of procedure. It is not intended to be a substitute for the Criminal Appeal Rules, which should be examined for specific information.

Quick Reference Chart

Document

Required to serve the other party(ies)

Required to file with the court

# copies filed with court

Fee for filing

Deadlines

Colour of covers

Rule(s)

Form

Notice of Appeal and Application for Leave to Appeal

Yes

Yes

3

No

Within 30 days of the final order of the Superior Court of Justice

n/a

3

B

Appeal Book (including any relevant transcript from the proceeding in the Ontario Court of Justice)

Yes

Yes

3

No

If no additional transcripts needed: within 60 days after filing the Notice of Appeal

Otherwise: within 30 days after the additional transcripts have been delivered to the Court of Appeal

Buff

14, 15, 18(4)

61H

Transcript of Evidence from the Superior Court of Justice proceedings, if any

Yes, if a transcript is required.

Yes, if a transcript is required. Plus an electronic version if available.

3

No

Red

8(4)

C

Appellant’s Factum

Yes

Yes. Plus an electronic copy, if possible.

3

No

If no additional transcripts needed: within 60 days after filing the Notice of Appeal

Otherwise: within 30 days after the additional transcripts have been delivered to the Court of Appeal

Blue

16, 18(4)

n/a

Respondent’s Factum

Yes

Yes. Plus an electronic copy, if possible.

3

No

Within 60 days of the date that the appellant’s factum is filed

Green

16, s. 7.3.6 Practice Direction

n/a

Respondent’s Appeal Book

Yes, if there is one.

Yes, if there is one.

3

No

Same as above

Buff

n/a

Appellant’s Book of Authorities

No

No

3

No

No later than 5 business days after the Appellant’s Factum is filed

Blue

22, s. 7.3.6 Practice Direction

n/a

Respondent’s Book of Authorities

No

No

3

No

No later than 5 business days after the Respondent’s Factum is filed

Green

22, s. 7.3.6 Practice Direction

n/a

 

Tips on Completing Forms in the Court of Appeal for Ontario (PDF Version)

1. All court forms must be typed, handwritten or printed legibly. It may cause delays if your forms cannot be read.

2. Content of forms under the Rules of Civil Procedure is available at the following website: www.ontariocourtforms.on.ca. This content is not formatted. It is your responsibility to ensure that the form complies with the Rules of Civil Procedure (see for example Rule 4.01 with respect to formatting). Many of the Rules of Civil Procedure forms contain the phrase “General heading. ” General headings are separate forms under the Rules of Civil Procedure and must be inserted where this phrase appears, with the proper content.

3. How to COUNT DAYS FOR TIMELINES in the Rules of Civil Procedure:

When calculating timelines in the Rules of Civil Procedure, count the days by excluding the first day and including the last day of the period. Where a period of less than seven days is mentioned in the rules, holidays (including Saturdays and Sundays) must not be counted. If the last day of the period of time falls on a holiday, the period ends on the next day that is not a holiday.

Holidays include:

  • any Saturday or Sunday
  • New Year’s Day
  • Family Day
  • Good Friday
  • Easter Monday
  • Victoria Day
  • Canada Day
  • Civic Holiday
  • Labour Day
  • Thanksgiving Day
  • Remembrance Day
  • Christmas Day
  • Boxing Day
  • any special holiday proclaimed by the Governor General or the Lieutenant Governor

NOTE: If New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday. If Christmas Day falls on a Saturday or Sunday the following Monday and Tuesday are holidays, and if Christmas Day falls on a Friday, the following Monday is a holiday.

4. You can FILE your documents by mail or in person. It is best to file documents in person, because if any are incomplete, the clerk may inform you and you can avoid wasting time mailing the documents back and forth. If you file documents by mail, the date of filing will be the date the documents are stamped upon receipt by the court office. If the court office does not receive the documents, they will be considered not to have been filed unless the court orders otherwise (see Rule 4.05). All applicable fees and proof of service must be included with the documents when you mail them. Documents cannot be faxed or e-mailed to the court, other than electronic factums and transcripts that are less than 10 MBs. Keep a copy of all original documents you forward to the court for your records.

5. Once court staff gives you a COURT FILE NUMBER, make sure it is written on the upper right-hand corner of ALL documents filed with the court.

6. Make enough COPIES of your completed forms/documents. Usually you will require one copy for each party who must be served and one copy for your own records. There is a fee to have copies made at the court office.

7. COURT FEES must be paid to issue and file specific documents in civil proceedings. A listing of Superior Court of Justice and Court of Appeal fees can be viewed at the Ministry of the Attorney General website at https://www.attorneygeneral.jus.gov.on.ca/english/courts/#fees. Fees are payable in Canadian funds, and can be paid by cash, cheque or money order payable to the Minister of Finance.

8. An AFFIDAVIT can be sworn or affirmed before:

  • a Court of Appeal for Ontario staff member who is a commissioner for taking affidavits (there is a fee for this service);
  • a lawyer or paralegal licensed by the Law Society of Upper Canada;
  • a notary public; or
  • a person who has been appointed a commissioner for taking affidavits.

These individuals are authorized to commission oaths. You should come to a commissioner with personal identification and the unsigned document. The commissioner will ask you to swear or affirm that the information in the affidavit is true and will ask you to sign the affidavit. The affidavit must be signed in front of the commissioner, since he or she will certify that it was sworn or affirmed in his or her presence.

NOTE: It is a criminal offence to swear or affirm an affidavit you know is false.

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