General Practice Direction Regarding All Proceedings in the Court of Appeal

coa CREST

General Practice Direction Regarding All Proceedings in the Court of Appeal

Effective: March 29, 2021
Released: March 15, 2021
Revisions Released: March 31, 2021; July 6, 2021; September 27, 2021; October 26, 2021; November 1, 2021; November 10, 2021; December 17, 2021; January 10, 2022; March 22, 2022; April 26, 2022; August 22, 2022; September 13, 2022; October 17, 2022; March 28, 2023; May 10, 2023; July 13, 2023; May 1, 2025; December 15, 2025; April 9, 2026

I. Preamble
II. Service and Filing of Documents
III. Scheduling and Conduct of Hearings
IV. Public and Media Access to Hearings
V. Bail Matters in the Court of Appeal
VI. Consolidation and Revocation of Prior Practice Directions and Notices
Appendix A: Amendments
Appendix B: Naming Conventions for Electronic Materials
Appendix C: Best Practices for Zoom Appearances

I. Preamble

This Practice Direction applies to both civil and criminal proceedings at the Court of Appeal for Ontario. It consolidates, updates and replaces all existing COVID‑19 practice directions and notices. 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 continue to apply except to the extent that they are varied by this Practice Direction.
Due to changes that were initially resulting from the COVID-19 pandemic and have not been integrated in the Criminal Appeal Rules, the provisions of the Criminal Appeal Rules that are inconsistent with this Practice Direction do not apply unless otherwise ordered by the court or a judge of the court. In particular, rule 10 (“Manner of Hearing”) and its associated Form 6 (“Notice of Objection to Proposed Manner of Hearing”) do not apply unless otherwise ordered by the court or a judge of the court.
This Practice Direction will be updated as circumstances require. Amendments will be listed in Appendix A.

II. Service and Filing of Documents

A. Timelines for Service and Filing of Documents

The timelines for serving and filing documents in many proceedings at the Court of Appeal were extended between March 16, 2020 and July 15, 2020. Effective July 16, 2020, the court reinstated the regular timelines for serving and filing documents as prescribed by legislation and the rules of court.
Unless the court directs otherwise, the period of any extension of time granted under the following practice directions will not be considered in calculating the time prescribed to take a step in any Court of Appeal proceeding:
In criminal proceedings, the court will accept for filing Crown notices of appeal where service has been effected within the prescribed appeal period, even if the notice of appeal is filed outside the prescribed period, so long as the notice of appeal is filed within a reasonable time following service.

B. Requirements for Electronic Materials

(a) General Requirements for All Electronic Materials

Parties must 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, 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.
Electronic materials filed at the court should:
1. be a text-searchable format (e.g., Word, Adobe PDF). Scanned PDF documents must use an Optical Character Recognition format. The Optical Character Recognition software must be set to at least 300 dpi and must not be set to grayscale;
2. use PDF page references when citing to a PDF document. For example, if a factum refers to a page in an appeal book that is filed in PDF format, the factum should refer to the PDF page number in the appeal book;
3. use the same page numbering as any hard copy materials. For example, a judge working with the electronic document should be able to enter page “10” in the electronic document and display the same page as a judge using hard copy materials who turns to the physical page labelled “10”; and
4. use electronic bookmarks that describe the content of the electronic tab. For example, use bookmarks with names such as “Tab 1 – Notice of Appeal”.
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.

(b) Electronic Signatures Permitted

Electronic signatures are deemed to have the same effect as ink signatures. Acceptable forms of electronic signatures include:
1. a scanned copy of a physically signed document;
2. a scanned signature pasted in the signature block of an electronic document;
3. a signature created using a touchscreen and pasted in the signature block of an electronic document; and
4. a certificate-based digital signature.

(c) Issued and Entered Orders Required in Civil Proceedings

An issued and entered order is required for the purpose of an appeal to the Court of Appeal in civil proceedings.
For information on obtaining an order from the Ontario Superior Court of Justice, please see section J.10 of the Superior Court’s Consolidated Civil Provincial Practice Direction.

(d) Factums

All text in factums must be double-spaced, except for quotations longer than four lines and footnotes. Margins must be approximately 40 millimeters on the left-hand side.
Factums must use 12-point or larger font. The court encourages the use of Arial or Times New Roman for all text in factums, including citations and footnotes.
Factums must be signed using an electronic signature.
Factums should contain hyperlinks to the cases cited. The hyperlinks must link to either:
1. the party’s book of authorities; or
2. the judgment databases found on the websites of Canadian courts or CanLII, and where not available on these websites, to LexisNexis Quicklaw or WestlawNext Canada.
Where possible, factums should also contain hyperlinks to the documents referred to in the factums.
If a party provides hyperlinks to the sources in their book of authorities, they must file the factum and book of authorities when the factum is due.
Under the Rules of Civil Procedure, the length of a party’s factum (excluding schedules) in a civil appeal may not exceed 9,200 words and 40 pages, except with leave of the court: see rr. 61.11(3), 61.12(5.1). (In other words, absent a court order, a factum must be both: (i) 9,200 words or less; and (ii) 40 pages or less.) The 9,200-word limit includes every word used in the factum (excluding schedules) regardless of where it is used, including in citations, footnotes, headings or charts, diagrams or other visual aids: rr. 61.11(4), 61.12(5.2).
Under the Criminal Appeal Rules, the length of a party’s factum (excluding schedules) in a criminal appeal may not exceed 30 pages, unless otherwise directed or ordered by the Criminal Appeal Rules, a practice direction, the court or a judge: r. 40(5).
As a pilot project, effective immediately, the court is prepared to accept factums in criminal appeals that comply with either the 30-page limit from the Criminal Appeal Rules or the 9,200-word and 40-page limit from the Rules of Civil Procedure. (The rule regarding factum length in criminal motions remains unchanged; a factum filed in support of a criminal motion (excluding the schedules) may not exceed 20 pages unless otherwise directed or ordered by a judge: see Criminal Appeal Rules, r. 21(22).)
Where a party in a criminal appeal chooses to file a factum in compliance with the 9,200-word and 40-page limit from the Rules of Civil Procedure, the same rule about counting words applies – i.e., every word used in the factum (excluding schedules) regardless of where it is used, including in citations, footnotes, headings or charts, diagrams or other visual aids, is to be counted toward the 9,200-word limit. Additionally, the party must provide the number of words contained in their factum (excluding schedules) in the part of their factum captioned “Order Requested” (Part IV for the appellant and Part V for the respondent).
Where a party to a civil or criminal appeal seeks to file a factum that is longer than what is permitted by the rules and this practice direction, they must bring a motion to a judge of this court. On any such motion, the moving party must, other than in exceptional cases, include a copy of the proposed factum in the motion record.

(e) Books of Authorities

Electronic books of authorities allow the judges to effectively consider the parties’ submissions. Parties should file electronic books of authorities containing copies of the cases and relevant extracts from the secondary sources cited in the factums. Parties are strongly encouraged to highlight or side-bar the relevant passages in the authorities to assist the judges in identifying the passages being relied on.
Electronic books of authorities should include bookmarks with the name of each case or secondary source. It is helpful to include in the index hyperlinks to the cases or secondary sources in books of authorities.

(f) Appeal Books, Compendiums and Exhibit Books

Appeal books, compendiums and exhibit books should include electronic bookmarks with the tab number and name of each document. It is helpful to include in the index hyperlinks to the documents in appeal books, compendiums and exhibit books.
A party may file a large appeal book, compendium or exhibit book in multiple volumes.
Sealed materials, electronic or otherwise, will not be released to the parties without a court order.
In criminal proceedings, motions for the release of original electronic exhibits entered at trial are not required for counsel matters. Electronic exhibits released to counsel must be included in the appeal book.

(g) Oral Hearing Compendiums

In advance of an oral appeal hearing, parties are encouraged to file an “Oral Hearing Compendium” containing:
1. an outline of 500 words or less of the party’s anticipated oral argument; or
2. extracts of the documents and extracts of the cases that the parties intend to refer to during oral argument; or
3. both.

The electronic version of the Oral Hearing Compendium must be served on the parties and filed with the court at least five business days before the scheduled hearing.
In addition to serving and filing the electronic version of the Oral Hearing Compendium, parties may bring paper copies of their Oral Hearing Compendium to the scheduled hearing for distribution to the panel and the other parties.

(h) Motion Records

Motion records that are filed on motions heard by a three-judge panel of the court must contain electronic bookmarks. It is helpful to include in the index hyperlinks to the documents in the motion record.
Single-judge motion records that are 100 pages or more must be bookmarked. It is helpful to include in the index hyperlinks to the documents in the motion record.
It is not necessary to bookmark or hyperlink single-judge motion records that are less than 100 pages.
Parties to panel and single judge motions must file a Counsel Slip and Hearing Information Form in accordance with section III.C of this Practice Direction. In particular, moving parties in single judge motions must submit the completed Counsel Slip and Hearing Information Form 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 at least 10 business days before the hearing.
For more information on requirements for motion materials for bail-related matters (including bail pending appeal applications, applications to vary bails, applications to extend bails, and applications for a direction from the Chief Justice of the Court of Appeal or Acting Chief Justice of the Court of Appeal for a review of a bail decision pursuant to s. 680 of the Criminal Code), see Bail Matters (Part V).

(i) Inmate Notices of Appeal

Except for an appeal from an order made under Part XX.1 – Mental Disorder of the Criminal Code, an appeal by a person who, at the time the notice of appeal is filed, is in custody and is not represented by a lawyer must be commenced by a notice of appeal in Form 20: see Criminal Appeal Rules, r. 53(1). Form 20 is titled “Notice of Appeal for Inmate Appeal or Combined Notice of Application for Leave to Appeal and Notice of Appeal for Inmate Appeal”. It is more simply known as an inmate notice of appeal.
Subject to the exception set out in paragraph 41, an inmate notice of appeal (Form 20) must be signed by the appellant, and, pursuant to subrule 53(2) of the Criminal Appeal Rules, it must be served and filed by delivering it to the senior official of the institution in which the appellant is in custody.
Where an appellant experiences difficulty signing and/or submitting an inmate notice of appeal for filing, they may give instructions to a lawyer licensed by the Law Society of Ontario to practise law in Ontario to sign and/or submit the notice of appeal on their behalf. The lawyer assisting the appellant with signing and/or submitting the inmate notice of appeal must complete the form titled “Addendum to Notice of Appeal for Inmate Appeal or Combined Notice of Application for Leave to Appeal and Notice of Appeal for Inmate Appeal”. This form can be found at this link. The lawyer must attach the inmate notice of appeal to this form, and then the lawyer must submit the documents to the court for filing. The Registrar will then send a copy of the documents to the appropriate Attorney General.
The court will not accept notices of appeal in Form 12 if the appellant is in custody and is not represented by a lawyer.

(j) Inmate Appeal Books

Subrule 58(2) of the Criminal Appeal Rules, sets out what the Crown must include in appeal books for inmate appeals (i.e., appeals brought by persons who are in custody at the time the notice of appeal is filed and are not represented by counsel).
Pursuant to subrule 58(4), the Crown is excused from strict compliance with the requirements of subrule 58(2). Instead, subject to the court’s discretion to direct otherwise, the Crown is only required to include those documents that may be relevant to an argument raised on appeal.
In determining what documents may be relevant to an argument raised on appeal, after filing an inmate appeal book or books containing transcripts and any other documents identified by the Crown as being potentially relevant, the Crown must consult with the appellant and duty counsel.
Where the parties disagree on the contents of the appeal book, they may seek direction from the court. The letter may be directed to the attention of the Deputy Registrar, who will place it before the Designated Inmate Appeal Judge for direction.

(k) Inmate Notices of Abandonment

An inmate who wishes to abandon their inmate appeal must serve and file a notice of abandonment in Form 10: see Criminal Appeal Rules, r. 18(1). Subject to the exception set out in paragraph 48, this form must be signed by the appellant (the appellant’s signature must also be verified by affidavit or witnessed by a lawyer or by an officer of the institution in which the appellant is in custody), and it may be served and filed by delivering it to the senior official of the institution in which the appellant is in custody: see Criminal Appeal Rules, rr. 18(2), 18(4).
Where an appellant experiences difficulty signing and/or submitting a notice of abandonment for filing, they may give instructions to a lawyer licensed by the Law Society of Ontario to practise law in Ontario to sign and/or submit the notice of abandonment on their behalf. The lawyer assisting the appellant with signing and/or submitting the notice of abandonment must complete the form titled “Addendum to Notice of Abandonment – Inmate Appeals Only”. This form can be found at this link. The lawyer must attach the notice of abandonment to this form, and then the lawyer must submit the documents to the court for filing. The Registrar will then send a copy of the documents to the other parties and interveners, if any.

C. Electronic Service of Documents

(a) Service Rules Applicable to Criminal and Civil Proceedings

Unless the court orders otherwise, parties may electronically serve documents by email, either by attaching the documents to an email or by using a file-sharing service that provides shared links to online or cloud drives. Parties are responsible to ensure that any such file-sharing services enforce appropriate safety, security and confidentiality protocols.
Electronic service in accordance with paragraph 49 constitutes proper service unless the intended recipient of the document(s) shows otherwise. 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 service of paper copies of documents for proceedings in the Court of Appeal are dispensed with unless otherwise ordered by the court.

(b) Service Rules Specific to Criminal Proceedings Only

(i) Appeals by the Crown

The Crown is not required to personally serve notices of appeal and notices of abandonment.
When the respondent is self-represented, the Crown may serve the notice of appeal:
1. by email, registered mail or courier on trial counsel (if any) so long as trial counsel confirms in writing that they have instructions to accept service;
2. by registered mail or courier to the respondent’s last known address, where a reasonable effort has been made to obtain a current one; or
3. by email to the respondent.
When the respondent is represented, the Crown may serve the notice of appeal on counsel by email.
In Part XX.1 appeals, the parties should continue to be aware of special considerations when serving court documents, as outlined in subrule 66(5) of the Criminal Appeal Rules and subsection 18.2(1) of the Practice Direction Concerning Criminal Appeals at the Court of Appeal for Ontario.

(ii) Appeals by the Accused

When the appellant is the accused person, notices of appeal should be served and filed in accordance with subrules 7(2)-(3) and 53(2) and paragraph 66(3)(a) of the Criminal Appeal Rules. In addition to the requirements in the rules, if the appellant is represented by counsel, counsel must also provide a copy of the notice of appeal to the Crown by email through the applicable Crown Attorney’s e-service address.

D. Electronic Filing of Documents

(a) Electronic Filing Required

As noted in paragraph 7 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.

(b) Manner of Electronic Filing – Public Portal

Parties must file electronic materials through the Ontario Court of Appeal Public Portal unless:
1. the materials are being filed under seal, in which case the materials should be filed in accordance with paragraphs 63-74 of this Practice Direction;
2. the materials are videos, in which case the materials should be filed in accordance with paragraphs 63-74 of this Practice Direction
3. the materials are a single file exceeding 512MiB or 600 pages, in which case the file should be either: (i) split into volumes and filed through the Ontario Court of Appeal Public Portal; or (ii) filed in accordance with paragraphs 63-74 of this Practice Direction; or
4. the court directs or advises the parties to use an alternative filing method, in which case the materials should be filed in accordance with that alternative method.
All materials that are filed electronically through the Ontario Court of Appeal Public Portal 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.
All materials filed electronically through the Ontario Court of Appeal Public Portal must be filed in an acceptable file format. Acceptable file formats include the following: BMP, DOC, DOCX, JPG, PDF, TIF and PNG.
The maximum file size for each file on the Ontario Court of Appeal Public Portal is 512MiB and 600 pages. If a file exceeds 512MiB or 600 pages, it may be: (i) split into volumes and filed through the Ontario Court of Appeal Public Portal; or (ii) filed in accordance with paragraphs 63-74 of this Practice Direction.
The Ontario Court of Appeal Public Portal User Guide provides directions and instructions on how to use the Public Portal.
The Court of Appeal’s previous email address for filing electronic materials has been decommissioned. Parties cannot submit materials for filing through that email address.

(c) Electronic Filing of Documents Under Seal, Videos and Large Files

Documents filed under seal, videos and files larger than 512MiB cannot be filed directly through the Ontario Court of Appeal Public Portal. Parties may file these materials:
1. by link to a file-sharing service through the Public Portal (see paragraphs 67-70); or
2. by delivery of a USB key to the court’s Intake Office (see paragraphs 71-74).
Documents filed under seal, videos and files larger than 512MiB 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.
Electronic documents that are filed under seal must be labelled as sealed and must be filed in password protected format. The party filing the sealed documents must give the password by telephone to the court’s Intake Office at 416-327-5020.
If parties have questions about the electronic filing of sealed documents, videos or files larger than 512MiB, they should contact the Deputy Registrar and Manager of Court Administration.

(i) Filing by Link to a File-Sharing Service

Documents filed under seal, videos and files larger than 512MiB may be filed by link to a file-sharing service submitted through the Ontario Court of Appeal Public Portal.
To file materials by link to a file-sharing service, parties must upload a placeholder document through the Ontario Court of Appeal Public Portal with a description of and link to the document. For example, an appellant filing a factum under seal must follow the usual steps for filing a factum on the Ontario Court of Appeal Public Portal, but upload a placeholder document with a description of and link to the factum, rather than the factum.
The placeholder document must include a description of and link to the materials being filed. It should not include any password to access the materials, if applicable. For example:

The appellant’s factum is being filed under seal pursuant to the order of Dawe J.A. dated February 10, 2026. The factum can be accessed at [link].

The court can access the following file-sharing services:
1. Microsoft OneDrive;
2. Google Drive;
3. Dropbox; and
4. Enterprise Attachment Transfer Service

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 or email address), or are blocked by the court’s network due to firewall restrictions, including WeTransfer.

(ii) Filing by USB Key

Documents filed under seal, videos and files exceeding 512MiB may be filed by USB key to the court’s Intake Office.
Parties may file 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.

(d) Filing Stamp and Treatment of Filing Timelines

The Court of Appeal for Ontario receives a significant volume of materials for filing. While the court makes every effort to provide the fastest possible service and process documents for filing quickly, given the volume of materials the court receives, there is sometimes a delay between when a document is submitted for filing by a party and when it is processed and accepted for filing by the court.
In recognition of this delay, the court’s filing stamp has been modified to now show two dates:
1. The date the document was submitted by the party to the court (the “SUBMITTED” date); and
2. The date the document was accepted for filing by the court (the “FILED” date).
Filing deadlines that are terminated by filing shall be terminated as of the “SUBMITTED” date. For example:
- The deadline to file a notice of appeal is March 1, 2025;
- The notice of appeal is submitted to the court on March 1, 2025;
- The notice of appeal is accepted for filing by the court on March 5, 2025;
- The notice of appeal will be considered filed on time because the “SUBMITTED” date is March 1, 2025.
Filing deadlines that commence by filing shall commence as of the “FILED” date. For example:
- The deadline to perfect an appeal is 60 days after the notice of appeal is filed;
- The notice of appeal is submitted to the court on March 1, 2025;
- The notice of appeal is accepted for filing by the court on March 5, 2025;
- The appeal must be perfected 60 days after March 5, 2025, because the “FILED” date is March 5, 2025.

(e) Payment of Filing Fees

Unless otherwise directed by court staff, filing fees are paid through the Ontario Court of Appeal Public Portal.
A list of filing fees is available at this link.

(f) Public Counter Services

In-person public counter services at the Court of Appeal are offered from Monday to Friday, except holidays, from 9:00 a.m. to 11:00 a.m. and from 2:00 p.m. to 4:00 p.m.

(g) Accommodation Requests

The Court of Appeal is committed to ensuring that it is accessible to all persons. A person who needs an accommodation to file materials should contact the court’s Accessibility Coordinator at 416‑326‑1029 or COA.accommodations@ontario.ca.

III. Scheduling and Conduct of Hearings

A. Scheduling of Hearings

The court expects counsel and litigants to be flexible and reasonable when scheduling appeals and motions in the Court of Appeal, and to have due consideration for the personal circumstances of others.

B. Manner of Hearing

(a) Rule 10 (“Manner of Hearing”) of the Criminal Appeal Rules Inapplicable Unless Otherwise Ordered

As noted in paragraph 2 of this Practice Direction, rule 10 (“Manner of Hearing”) of the Criminal Appeal Rules and its associated Form 6 (“Notice of Objection to Proposed Manner of Hearing”) do not apply unless otherwise ordered by the court or a judge of the court. Instead, this Practice Direction governs the manner of hearing for all matters at the Court of Appeal.

(b) Appeals and Panel Motions

Unless otherwise directed or specified below, the Court of Appeal conducts appeals and panel motions in person.
Parties are encouraged to attend in person. Where a party chooses to appear remotely, they should indicate this on the Counsel Slip and Hearing Information Form.
Paragraph 89 does not apply to panel motions which are normally heard in writing, including summary conviction leave applications and motions for leave to appeal under r. 61.03.1 of the Rules of Civil Procedure. These motions will continue to be heard in writing unless otherwise directed.
Inmate appeals are conducted in person. In-custody inmates are presumed to be appearing in person, but may request to appear remotely. In-custody inmates who wish to appear remotely must advise the court as far in advance of the hearing as possible and no later than the date on which the appeal hearing is confirmed with the court.
Appeals from orders made under Part XX.1 – Mental Disorder of the Criminal Code (generally known as Ontario Review Board appeals or ORB appeals) are conducted in person. In-custody, unrepresented parties to ORB appeals are presumed to be appearing in person, but may request to appear remotely. In-custody, unrepresented parties to ORB appeals who wish to appear remotely must advise the court as soon as possible and no later than 60 days before the hearing date.

(c) Single Judge Motions

Single judge motions proceeding in writing are heard in writing, without the appearance of the parties.
In inmate appeals, unless otherwise directed and irrespective of whether the court is sitting in Kingston or in Toronto, for single judge oral motions and “to be spoken to” appearances:
1. in-custody inmates must appear by video or audio conference; and
2. lawyers and out-of-custody inmates may appear in person or by video or audio conference.
In all other matters, unless otherwise directed, single judge oral motions are heard:
1. remotely by video or audio conference using the Zoom platform on Mondays, Tuesdays, Thursdays and Fridays; and
2. in person on Wednesdays. The pro bono (free) duty counsel program for motions operates every Wednesday. Motions brought on Wednesdays by or against self-represented parties receive priority. All parties are encouraged to attend in person on Wednesdays. A party may appear remotely if necessary (e.g., for urgent bails).

(d) Status Court and Purge Court

Unless otherwise directed, the Court of Appeal will hold status court and purge court remotely by video or audio conference using the Zoom platform.

C. Counsel Slip and Hearing Information Form

The court requires that parties to all appeals and motions must fully and accurately complete and submit a Counsel Slip and Hearing Information Form within the times specified in this section of the Practice Direction. The Counsel Slip and Hearing Information Form contains information that is essential to the effective hearing of matters in the Court of Appeal.
The Counsel Slip and Hearing Information Form is available at this link.
For appeals and panel motions, parties must submit the completed Counsel Slip and Hearing Information Form at least 10 business days before the hearing. Parties are encouraged to collaborate and submit one form on behalf of all parties.
For single judge motions, moving parties must submit the completed Counsel Slip and Hearing Information Form at the same time as they file their notice of motion. Responding parties must submit their form 24 hours before the hearing (excluding weekends and holidays).
All information on the Counsel Slip and Hearing Information Form must be filled out except the name and contact information for the other parties, if completing the form separately. If the information on the Counsel Slip and Hearing Information Form changes for any reason before the hearing, an updated form must be filed immediately.

D. In-Person Hearings

In the event it is necessary to convert an in-person hearing to a remote hearing, parties should be prepared to argue the appeal or panel motion remotely on the same day and time as originally scheduled.
All courtrooms are equipped with technology that permits the use of the Zoom video conferencing platform. All parties to in-person hearings will receive a Zoom link, webinar/meeting ID and password, and telephone numbers for the hearing. The Zoom connection information may be used by:
1. a party who elects to proceed remotely; or
2. a party who intended to attend the hearing in person but, due to illness or some other circumstance or at the direction of the court, is not able to attend the in-person hearing and needs to switch to a remote appearance.

In addition, as further explained at paragraph 131, parties to a hearing may share the Zoom link, webinar/meeting ID and password, and telephone numbers for the hearing with anyone that wishes to observe the hearing remotely, unless the hearing is in camera.

Counsel are expected to gown when attending appeal hearings and panel motions in person and are encouraged to do so if attending in-person hearings remotely.

E. Requests for In-Custody, Represented Appellants to Observe Their Appeal Hearings by Video Conference

Appellants who are in custody and who are represented by counsel may observe their appeal hearings by video conference. In order to request that an in-custody appellant observe by video conference, counsel must send an email to the Appeal Scheduling Unit at COA.Scheduling@ontario.ca, copying the other parties, at least 30 days in advance of the appeal hearing. The body of the email must include:
1. the title of the proceeding;
2. the court file number;
3. the fact that it is a request to coordinate the appearance of an in-custody, represented appellant at the appeal hearing by video conference;
4. the appellant’s full name and date of birth; and
5. the name of the institution where the appellant is in custody and the contact information for the Duty Officer, if available.
The court will forward the request for attendance by video conference to the appellant’s institution. If there are any issues with the request, the court will contact the parties.
In general, the earlier a request for observation by video conference is submitted, the easier it is to coordinate. Please be aware that requests submitted less than 30 days in advance of the appeal hearing may not be able to be fulfilled.

F. Zoom Protocols

(a) Preparing to Use Zoom

To participate in a Zoom appearance by video, parties will need an internet connection and a computer or similar device with a webcam, microphone, speaker, and sufficient bandwidth (3 Mbps or greater). Parties are encouraged to use headsets or earbuds to improve the audio quality.
Parties can download or subscribe to Zoom from the Zoom website and test Zoom prior to their appearance at the Zoom testing website. It is not necessary to purchase a subscription to Zoom. Participating in a hearing scheduled by the Court of Appeal is free.
User tutorials for Zoom are available at the Zoom Learning Center.
If a party experiences technical difficulties with Zoom, they should consult the Zoom Support website.
Best practices for participating in Zoom appearances at the Court of Appeal can be found in Appendix C to this Practice Direction and in the E-Hearings Task Force’s Best Practices for Remote Hearings. Parties should follow any direction given by the panel or presiding judge.

(b) Participating in a Hearing Using Zoom

Prior to the hearing of an appeal or motion using Zoom, the court will send parties an email with the following information:
1. a hyperlink to access the hearing;
2. the meeting ID and password for the hearing; and
3. the telephone numbers that may be used to access the hearing.
Parties to a hearing may share the Zoom link, webinar/meeting ID and password, and telephone numbers for the hearing with anyone who wishes to observe, unless the hearing is closed to the public in accordance with a statutory provision or a court order. When sharing this information with observers, it is the responsibility of the parties to also share this warning:
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.

Parties can join a hearing using Zoom by clicking on the link provided in the hearing email, or by opening Zoom, clicking on the “Join” or “Join a Meeting” icon, and entering the meeting ID and password provided.
Parties to the 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.) or pronouns (e.g., he/him, she/her, they/them, etc.) in their screen name.
The hearing will be open to parties beginning 30 minutes before the appeal or motion is scheduled to be heard. Parties must sign into Zoom well in advance of the scheduled hearing time to address any issues with technology.
All parties in the appeal or motion must be present for the pre‑hearing check-in, which will occur approximately 15 minutes before the scheduled hearing time.
The court uses the Zoom webinar platform for all matters except for in camera proceedings (i.e., proceedings that are closed to the public) and inmate appeals (i.e., appeals brought by persons who are in custody at the time the notice of appeal is filed and are not represented by counsel). When joining Zoom, parties and observers will join as attendees in the Zoom webinar. Parties making submissions, as listed on the Counsel Slip and Hearing Information Form, will be promoted to panelists to the hearing by court staff once the pre-hearing check-in is ready to commence.
The court uses the Zoom meeting platform for in camera proceedings and inmate appeals. For in camera proceedings and inmate appeals, parties and observers will be placed in a Zoom meeting waiting room and then admitted into the hearing by court staff once the pre-hearing check-in is ready to commence.
For appeal hearings and panel motions, counsel are encouraged to gown if attending remotely. Counsel are not expected to gown for single judge motions.
Screensharing is only permitted if permission is sought and obtained at the hearing from the presiding judge or judges. Judges have access to all filed electronic documents on their own computers so screensharing is not necessary.
Parties to a hearing are reminded that, unless permission is given by the court, it is an offence under section 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 a hearing, including by way of screenshot/capture and photograph, as well as to publish, broadcast, reproduce or disseminate any such recording.

(c) Dealing with Technical Difficulties in Hearings and Joining by Audio Conference

If a party is unable to participate in a hearing by video conference, the party may seek the permission of the panel or the presiding judge to join the hearing by telephone. A party joining by phone must call the phone number provided and follow the directions on entering the meeting ID and password. Parties should join by telephone only if they experience technical issues with the video conference and only with the approval of the panel or the presiding judge.
During a hearing, the courtroom registrar may contact a party by phone or email as indicated on the Counsel Slip and Hearing Information Form if that person appears to be experiencing connection issues with the virtual courtroom. Parties should ensure that they have their phones with them at all times so that they can be reached, should the need arise.

G. Interpretation and Accessibility Requests

All requests for interpretation services should be made at the earliest opportunity before a hearing date. The Ministry of the Attorney General provides court interpreters in select circumstances, as outlined at this link. The parties must otherwise retain their own interpreters for court hearings. More information about court interpretation for matters before the Court of Appeal can be obtained from the court’s Intake Office at 416-327-5020.
The Court of Appeal is committed to ensuring that it is accessible to all persons. A person who needs an accommodation to participate in or attend a hearing should contact the court’s Accessibility Coordinator at 416-326-1029 or COA.accommodations@ontario.ca.

IV. Public and Media Access to Hearings

Unless there is a legal provision or a court order that requires a hearing to be held in camera (closed to the public), members of the public and the media may observe hearings remotely or in person.

A. Recording Proceedings Without the Court’s Permission is Strictly Prohibited

Hearing observers are reminded that, unless permission is given by the court, it is an offence under section 136 of the Courts of Justice Act, punishable by a fine of not more than $25,000 or imprisonment of up to six months, or both, to record any part of a hearing, including by way of screenshot/capture and photograph, as well as to publish, broadcast, reproduce or disseminate any such recording.

B. Parties May Share the Zoom Details for the Hearing

Parties to a hearing may share the Zoom link, webinar/meeting ID and password, and telephone numbers for the hearing that they receive from the court with anyone that wishes to observe remotely, unless the hearing is in camera. The same Zoom link, webinar/meeting ID and password, and telephone numbers will work for parties/counsel and for observers. When sharing this information with observers, it is the responsibility of the parties to also share this warning:
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.

C. How to Obtain Access to a Hearing from the Court

Members of the public and the media who wish to observe a hearing remotely and have not received the Zoom link, webinar/meeting ID and password, and telephone numbers for the hearing from the parties may:
1. obtain a hyperlink for the hearing through the Ontario Court of Appeal Public Portal in civil, non-family cases without access restrictions; or
2. request remote access by emailing COA.Scheduling@ontario.ca at least 48 hours in advance of the hearing (excluding weekends and holidays).
Hyperlinks to hearings in civil, non-family cases without access restrictions are available on the Ontario Court of Appeal Public Portal by searching for a case and locating the video streaming link.

D. How to Connect to the Hearing Remotely

Generally, members of the public and the media may observe the hearing remotely by connecting to the hearing by Zoom or by telephone. Connecting by Zoom allows an observer to watch and listen to the hearing. Connecting by telephone allows an observer to listen to the hearing. Observers need not seek the permission of the panel or the presiding judge to join the hearing by telephone.
To connect to the hearing by video, observers can either click on the Zoom link for the hearing or go to the Zoom “Join Meeting” website and enter the meeting/webinar ID and password.
To connect to the hearing by phone, observers can either dial the telephone number for the hearing that contains their preferred area code or dial the toll-free number for the hearing. Observers connecting by phone must enter the meeting/webinar ID and password when prompted.
Observers can download or subscribe to Zoom from the Zoom website. It is not necessary to purchase a subscription to Zoom. Observing a hearing scheduled by the Court of Appeal is free.
User tutorials for Zoom are available at the Zoom Learning Center.
If an observer experiences technical difficulties with Zoom, they should consult the Zoom Support website as Zoom is a third-party remote appearance service.

E. Privacy Information for Remote Observers

Except in inmate appeals (i.e., appeals brought by persons who are in custody at the time the notice of appeal is filed and are not represented by counsel), when an observer connects by Zoom or by telephone to a hearing, the other participants and observers will not be able to see them. The judge(s), parties making submissions, and court staff involved in the hearing will be able to see all observers’ screen names (if connecting by Zoom) or telephone area codes and the last three digits of their telephone numbers (if connecting by telephone). No one else will see this information.
When an observer connects by Zoom or by telephone to an inmate appeal, if their camera or microphone is turned on, all participants and observers in the hearing will be able to see or hear them; however, the court will typically ask observers to turn off their cameras and mute their microphones. Whether or not an observer’s camera is off or microphone is muted, the observer’s screen name (if connecting by Zoom) or the observer’s telephone area code and the last three digits of their telephone number (if connecting by telephone) will be seen by all participants and observers in the hearing.

F. In-Person Attendance

Members of the public and the media may observe hearings in person unless there is a legal provision or a court order that requires the hearing to be held in camera (closed to the public).
Seating in the public gallery in courtrooms is not restricted, subject to any directions issued by the presiding judge or judges. Seating is available on a first-come, first-seated basis.

V. Bail Matters in the Court of Appeal

This part applies to all bail-related matters, including bail pending appeal applications, applications to vary bail, applications to extend bail, and applications for a direction from the Chief Justice of the Court of Appeal or Acting Chief Justice of the Court of Appeal for a review of a bail decision pursuant to s. 680 of the Criminal Code.

A. Filing Materials for Bail Matters

All materials for bail matters must be filed with the court electronically in accordance with section II.D of this Practice Direction. Unless otherwise advised or directed, parties must file materials through the Ontario Court of Appeal Public Portal.

B. Applications for a Direction from the Chief Justice of the Court of Appeal or Acting Chief Justice of the Court of Appeal for a Review Pursuant to s. 680 of the Criminal Code

A party seeking a direction from the Chief Justice of the Court of Appeal or Acting Chief Justice of the Court of Appeal for a review of a bail decision pursuant to s. 680 of the Criminal Code must commence their application by following a two-step procedure.
First, the party must serve and file a notice of application for a direction from the Chief Justice of the Court of Appeal or Acting Chief Justice of the Court of Appeal for a review pursuant to s. 680 of the Criminal Code, which must state that the application will be heard on a date fixed by the Registrar. The notice of application should be filed with the court electronically through the Ontario Court of Appeal Public Portal.
Second, as soon as possible after serving and filing the notice of application, the party bringing the application must send a letter by e-mail, copying all parties, to the Executive Legal Officer at COA.ExecutiveLegalOfficer@ontario.ca requesting a case management conference with the Chief Justice of the Court of Appeal or Acting Chief Justice of the Court of Appeal in order to:
1. Fix the date, time and manner of the hearing of the application;
2. Determine the content of the materials to be served and filed on the application;
3. Set the schedule for the serving and filing of the materials to be used on the application; and
4. Address any other issues in order to facilitate the fair and efficient preparation of the materials for the application.
The email to the Executive Legal Officer requesting the case management conference must include the subject line “Section 680 application”, along with the court file number. Please also attach a copy of the notice of application for a direction from the Chief Justice of the Court of Appeal or Acting Chief Justice of the Court of Appeal for a review pursuant to s. 680 of the Criminal Code that was submitted for filing.
For more information, please review Criminal Appeal Rules, r. 23.

C. Draft Orders Required

For all bail-related applications, whether contested or on consent, appellant’s counsel should work with Crown counsel to draft proposed conditions for release and submit a draft release order with their application materials.
The draft order must be submitted using the court’s “all-in-one” release order format (see section V.C(a) below).
The draft order must include the proposed conditions that have been agreed on, should the court order release. Any additional conditions that are in dispute between the parties must be identified as such and set out in a separate document.

(a) “All-in-One” Release Order

The Court of Appeal created an “all-in-one” release order in April 2020. Until further notice, the “all-in-one” release order is the only form of release order being used by the Court of Appeal.
A revised version of the “all-in-one” release order was created in October 2021. Counsel should make sure they are using the revised version. Counsel may obtain a sample electronic copy of the revised version of the “all-in-one” release order from the Crown.
Appendix A to the “all-in-one” release order must be completed by the sureties (if any), the appellant, and a judge or the Registrar. No additional forms or orders are required to effect a release.
The “all-in-one” release order allows for releases to be effected through the Court of Appeal without needing to take the order to the Ontario Court of Justice to effect release.

(b) Sureties

If the appellant is proposing a release order with sureties, in addition to providing the names of the sureties and the amount for which each is to be liable (as required by paragraph 22(7)(i) of the Criminal Appeal Rules), counsel are also asked to provide the following additional information on the draft release order about each surety:
1. full legal name, as depicted on government-issued identification;
2. date of birth;
3. home address;
4. phone number; and
5. email address (if available).
Surety declarations under section 515.1 of the Criminal Code, R.S.C. 1985, c. C-46, are not required.
Surety affidavits continue to be required as part of the application materials in accordance with subrule 22(7) of the Criminal Appeal Rules.

(c) Surrender Conditions

(i) Standard Wording

The court uses the following standard wording for the surrender condition in release orders:

You must surrender into custody at the institution from which you were released by 7:00 a.m. on the day of the hearing of the appeal or by 7:00 a.m. on [insert “sunset date”], whichever is earlier.

The “sunset date” in the standard wording is like an expiry date for a release order, and it helps the court monitor the progress of these appeals. Applications to extend a “sunset date” should be brought well in advance.
The standard wording of the surrender condition remains subject to what an individual judge may decide is appropriate in the circumstances of a particular case.

(ii) New Release Orders

Unless otherwise ordered by a judge, the standard wording of the surrender condition set out in paragraph 157 must be used in all new release orders made by the court, including release orders made on original applications for release pending appeal, release orders made on applications to extend the surrender date in an existing release order, and release orders made following any other application to vary an existing release order, whether brought by the appellant or the Crown. The only exception is for release orders made on applications for release following an appeal hearing and pending release of a reserved judgment. These release orders are addressed at paragraphs 163-164.

(iii) 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 standard wording set out in paragraph 157, the court encourages the appellant to apply well in advance of the hearing date.

(iv) Release Orders Made on Applications for Release Following an Appeal Hearing and Pending Release of a Reserved Judgment

Where the court reserves its judgment following an appeal hearing, and counsel wishes to immediately apply for bail pending release of the judgment and the Crown is consenting, counsel must have a draft release order ready to submit to the court at the conclusion of the hearing. The draft release order must include the proposed conditions that have been agreed on by the parties in advance of the hearing, should the court order release. Any additional conditions that are in dispute between the parties must be identified as such and set out in a separate document.
Unless otherwise ordered by a judge, the standard wording of the surrender condition that must be included in all orders made on applications for bail pending release of a reserved judgment is:

You must surrender into custody at the institution from which you were released by 7:00 a.m. on the day the judgment is to be released.

(d) Interpreters

If interpreters are required for any of the individuals signing a release order, counsel are to make the necessary modifications to the draft release order to provide for this circumstance.

D. Process for Finalizing Release Order

If the court orders release, the court will name the sureties (if any), and specify the financial obligations and conditions it requires in the release order. If any revisions are required by the court, counsel are to revise the draft release order and then submit it to the court for signing and entering in the records of the court.
Once the release order is signed and entered by the court, Court of Appeal staff will send the order back to counsel for the appellant, who will then immediately facilitate the signing of Appendix A of the release order by the sureties (if any) and the appellant (if out of custody).

(a) Sureties

If the release order has a surety or sureties, each surety must sign Appendix A, and a lawyer licensed by the Law Society of Ontario to practise law in Ontario must verify each surety’s identity and confirm each surety’s signature. Verification of identity and confirmation of signature may be done in person or by remote means, such as Facetime, Skype, etc. Below each surety’s signature, the lawyer must sign as the witness, check the box and explain in the space provided how they verified the surety’s identity and confirmed their signature.
Only a lawyer licensed by the Law Society of Ontario to practise law in Ontario may act and sign as a witness for a surety’s signature on Appendix A.
Once the sureties (if any) have signed Appendix A and a lawyer licensed by the Law Society of Ontario to practise law in Ontario has verified their identities, confirmed their signatures and signed as a witness, the process for finalizing the release order depends on whether the appellant is out of custody (see paragraphs 171-177) or in custody (see paragraphs 178-183).

(b) Out-of-Custody Appellants

If the appellant is out of custody, counsel must also facilitate the signing of Appendix A of the release order by the appellant.
As with sureties, a lawyer licensed by the Law Society of Ontario to practise law in Ontario must verify the identity of the out-of-custody appellant and confirm their signature on Appendix A. Verification of identity and confirmation of signature may be done in person or by remote means, such as Facetime, Skype, etc. Below the out-of-custody appellant’s signature, the lawyer must sign as the witness, check the box and explain in the space provided how they verified the out-of-custody appellant’s identity and confirmed their signature.
Only a lawyer licensed by the Law Society of Ontario to practise law in Ontario may act and sign as a witness for an out-of-custody appellant’s signature on Appendix A.
The release order, with the signatures of the sureties (if any), the appellant, and the witnesses, must then be re-submitted to the court. 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.
If the judge or Registrar is satisfied, they will sign the order on the last page of Appendix A and indicate if the order is complete.
If the appellant is out of custody (and therefore their signature is already on the release order), the release order will be complete and in effect upon the judge or Registrar signing it on the last page of Appendix A.
Court of Appeal staff will email copies of the completed order to the appellant’s counsel and to the Crown. The matter will then be concluded.

(c) In-Custody Appellants

If the appellant is in custody, the release order, with the signatures of the sureties and the witnesses, must be re-submitted to the court. 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.
If the judge or Registrar is satisfied, they will sign the order on the last page of Appendix A and indicate that the order requires the appellant’s signature.
After the judge or Registrar signs the order on the last page of Appendix A, they will send the order to the institution in which the appellant is detained.
The in-custody appellant must sign Appendix A, and a witness at the institution in which the appellant is detained (need not be a lawyer) must verify the identity of the in-custody appellant and confirm their signature. Below the in-custody appellant’s signature, the witness at the institution must sign as the witness, check the box and explain in the space provided how they verified the in-custody appellant’s identity and confirmed their signature.
The release order will be complete and in effect upon the signing of Appendix A by the appellant and the witness at the institution (their signatures are required on the second-to-last page of Appendix A).
The institution must send the completed order back to the court immediately after the appellant is released. Court of Appeal staff will send copies to counsel for the appellant and the Crown upon receipt.

(d) Working Hours of Motions Clerk

The motions clerk works from Monday to Friday, except holidays, from 9:00 a.m. to 4:30 p.m. Release orders submitted to the court for finalizing after 4:30 p.m. will be processed by the motions clerk the next day that is not a holiday.

VI. Consolidation and Revocation of Prior Practice Directions and Notices

This General Practice Direction Regarding All Proceedings in the Court of Appeal updates, consolidates and revokes the following practice directions and notices regarding COVID-19 effective March 29, 2021:
1. Practice Direction Concerning Public and Media Remote Observation of Oral Hearings During the COVID-19 Pandemic (January 25, 2021);
2. Practice Direction Regarding the Electronic Conduct of Matters During the COVID-19 Pandemic (October 26, 2020) [revised December 16, 2020];
3. Notice Regarding the Scheduling of In-Person and Remote Appeals(November 16, 2020);
4. Notice of Public Counter Services(October 29, 2020);
5. Notice Regarding Videoconference Appearance Technology (Zoom)(July 6, 2020);
6. Amended Practice Direction Concerning Manner of Service, Inmate Appeal Books, and Orders for Release of Electronic Exhibits in Criminal Matters Given the Exceptional and Evolving Circumstances Concerning COVID-19 (June 25, 2020);
7. Practice Direction Concerning the Reinstatement of Times Prescribed in Criminal Proceedings in the Court of Appeal for Ontario(June 25, 2020);
8. Practice Direction Concerning the Reinstatement of Times Prescribed in Civil Proceedings in the Court of Appeal for Ontario(June 25, 2020);
9. Practice Direction Concerning the Reinstatement of Times Prescribed in Proceedings Arising Under the Provincial Offences Actin the Court of Appeal for Ontario (June 25, 2020);
10. Practice Direction Concerning Revised Court of Appeal Release Order Form for Use Only During the Exceptional and Evolving Circumstances Concerning COVID-19 (April 20, 2020);
11. Practice Direction Concerning Applications for Bail Pending Appeal at the Court of Appeal for Ontario Given the Exceptional and Evolving Circumstances Concerning COVID-19 (April 5, 2020); and
12. Notice Regarding Videoconference and Teleconference Appearance Technology (CourtCall) (March 27, 2020).

April 9, 2026
Chief Justice Michael H. Tulloch