Changes to the Rules of Civil Procedure affecting the Court of Appeal for Ontario

Effective July 1, 2017

The following amendments to the Rules of Civil Procedure come into force on July 1, 2017:

Confirmation of motion not required

A new rule (r. 61.16(1.1)) provides that a confirmation of motion (rule 37.10.1) is not required for Court of Appeal motions.

Requirement to set out reasons for granting an order on consent

In the case of a motion on consent in the Court of Appeal, a new rule (r. 37.12.1) requires filing an affidavit or other document that explains why the order should be granted on consent. This requirement is similar to s. 7.1.4 of the Practice Direction Concerning Civil Appeals at the Court of Appeal for Ontario.

Motions for leave to appeal

Rule 61.03.1 (motions for leave to appeal) has been amended as follows:

  1. notices of motion for leave motions must state that the motion will be heard on a date set by the Registrar, and
  2. electronic versions of factums must be filed on leave motions.

Motion record covers

A new rule (r. 4.07(1.1)) specifies the colour of the front covers of motion records:

  • green (responding party’s motion record)
  • orange (fresh evidence motion record)*
  • white (all other motion records)

Rule 4.07(1) specifies that the back covers of motion records are light blue.

*Note: Court staff will accept fresh evidence motion records with an orange front cover and a back cover that is either orange or light blue: see ss. 7.3 and 7.2.6 of the Practice Direction Concerning Civil Appeals at the Court of Appeal for Ontario.

Appointments to settle an order

The procedures for bringing an appointment to settle an order by the Registrar of the Court of Appeal under r. 59.04 have been clarified, including the introduction of a new form, Form 59D (Notice of Appointment to Settle Order), which must be filed, with proof of service, at least seven days before the appointment date.

Materials must be both served and filed

The Rules have been amended to provide that the following materials must be both served and filed:

  • certificates respecting evidence (rr. 61.05(1) and (3))
  • certificates of perfection (r. 61.09(3))
  • notice of motion to review the order of a single judge (r. 61.16(6))

Electronic version of the transcript

Rule 61.09(3) has been amended to clarify that an electronic version of the transcript of evidence must be filed, as well as one paper copy. For details on filing electronic documents, see the Guidelines for Filing Electronic Documents at the Court of Appeal for Ontario.

Dismissal by Registrar for failure to perfect by deadline imposed by a judge

Rule 61.13 empowers the Registrar to dismiss an appeal without sending out a notice of dismissal, where a party fails to meet a perfection deadline imposed by a judge.

No costs where appeal abandoned and respondent has taken no steps to respond

Rule 61.14(3) has been amended to eliminate deemed costs where an appeal is abandoned and where the appellant’s only step was filing a notice of appeal/cross-appeal and the respondent has taken no action in response.

Additional amendments to French version of the Rules

The French translation of the phrase “panel” has been changed from “tribunal de juges” to “formation de juges” throughout the French version of the Rules.

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