{"id":2983,"date":"2021-03-01T17:18:19","date_gmt":"2021-03-01T22:18:19","guid":{"rendered":"https:\/\/www.ontariocourts.ca\/coa\/?page_id=2983"},"modified":"2023-05-09T13:33:59","modified_gmt":"2023-05-09T17:33:59","slug":"faq","status":"publish","type":"page","link":"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/faq\/","title":{"rendered":"Frequently Asked Questions and Terms"},"content":{"rendered":"

The following questions and answers and key terms are intended to help self-represented litigants and members of the\u00a0<\/span>l<\/span>egal<\/span>\u00a0profession understand procedures in the Court of Appeal for Ontario. The material does not constitute legal advice and is provided for informational purposes only. Parties should read this material together with the rules\u00a0<\/span>and\u00a0<\/span>practice directions that apply to proceedings in the Court of Appeal.\u00a0<\/span>\u00a0<\/span><\/p>\n\n

QUESTIONS AND ANSWERS\u00a0<\/span><\/h2>\n

The following are some frequently asked questions and answers about how to proceed in the Court of Appeal. In addition to reviewing the questions below, parties are encouraged to review the\u00a0<\/span>\u201cHow to Proceed in the Court\u201d guides<\/span><\/a>.\u00a0<\/span>\u00a0<\/span><\/p>\n

<\/span>What is the Court of Appeal for Ontario?<\/div>
\n

The Court of Appeal for Ontario is Ontario\u2019s highest court. It is located at Osgoode Hall, 130 Queen Street West, Toronto, Ontario.<\/p>\n

The Court of Appeal hears both civil and criminal appeals from decisions of Ontario\u2019s two trial courts, the Superior Court of Justice\u00a0(including the Divisional Court)\u00a0and the Ontario Court of Justice. It also hears appeals from the Ontario Review Board.<\/p>\n<\/div><\/div>\n

<\/span>What is the role of the Court of Appeal? <\/div>
\n

An appeal\u00a0in the Court of Appeal for Ontario\u00a0is\u00a0not\u00a0a re-hearing of a case. In an appeal, the person who lost in the\u00a0trial\u00a0court argues that the judge made a mistake. If you are bringing an appeal to the Court of Appeal, it is important to identify the mistake that you think the judge has made.<\/p>\n

The Court of Appeal cannot change\u00a0another\u00a0court\u2019s decision simply because the judges disagree with it. The\u00a0trial\u00a0court\u00a0judge\u00a0is entitled to hear the evidence and come to\u00a0their\u00a0own decision. The Court of Appeal may only change that decision if the\u00a0trial\u00a0court made a mistake about the law, or significantly misunderstood the evidence.<\/p>\n

The Court of Appeal can dismiss the appeal (that is, it can\u00a0confirm the decision of the\u00a0trial\u00a0court), allow the appeal and order a new trial, or allow the appeal and change the order made by the\u00a0trial\u00a0court.\u00a0<\/div><\/div>\n

<\/span>What type of appeals does the Court of Appeal hear? <\/div>
\n

The Court of Appeal hears both civil and criminal\u00a0appeals.<\/p>\n

Civil appeals deal with subject areas such as commercial disputes, property disputes, family disputes, labour and employment disputes, and bankruptcies and corporate re-organizations. The Court\u00a0is regularly called upon to consider the fundamental rights of Ontarians arising out of the\u00a0Canadian Charter of Rights and Freedoms. It also hears appeals involving the review of the decisions of provincial tribunals and administrative action.<\/p>\n

Criminal appeals involve a consideration of whether an acquittal or conviction\u00a0reflects an error in law or is supported by the evidence,\u00a0and\/or whether a sentence is appropriate in the circumstances. In addition to appeals under the\u00a0Criminal Code, the\u00a0Youth Criminal Justice Act, and other federal criminal legislation, the Court\u00a0also deals with appeals from convictions, acquittals and sentences under provincial regulatory legislation, like highway traffic laws, environmental protection laws, and workplace safety laws.\u00a0<\/div><\/div>\n

<\/span>What happens at an appeal hearing at the Court of Appeal?<\/div>
\n

For most appeals, a panel of three judges hears the appeal. In exceptional situations, the Court may convene a panel of five judges.<\/p>\n

The judges at the hearing will already be familiar with the matters in dispute. Before the hearing, they will review the written argument in the parties\u2019 factums\u00a0and\u00a0will review\u00a0the record of the\u00a0trial\u00a0court\u00a0proceedings.<\/p>\n

At the hearing, the judges hear oral arguments from the parties involved in the case. These arguments are about the law and how it is to be applied to the evidence as outlined in the factums. The appellant goes first, and the respondent follows. The appellant then has a right to reply. The judges will often ask questions\u00a0during\u00a0the hearing.<\/p>\n

If the Court of Appeal orders a new trial, the trial does\u00a0not occur\u00a0in\u00a0the Court of Appeal.\u00a0The Court of Appeal\u00a0does not hear witnesses or consider new evidence on an appeal,\u00a0except in\u00a0rare cases with the permission of the Court.\u00a0<\/div><\/div>\n

<\/span>When does the Court of Appeal make its decision in a case? <\/div>
\n

The\u00a0judge(s)\u00a0may give its decision\u00a0in court after\u00a0hearing the argument.\u00a0Other times, the judge(s) may \u201creserve\u201d their decision\u00a0and release it\u00a0days, weeks of months later.\u00a0<\/div><\/div>\n

<\/span>Do I need a lawyer? <\/div>
\n

In most cases, a person may represent themselves at the Court of Appeal. However, it is recommended that you seek legal advice if possible. Bear in mind\u00a0that\u00a0court staff are not able to give you legal advice.\u00a0<\/div><\/div>\n

<\/span>Can the public attend proceedings in the Court of Appeal? <\/div>
Yes, Court of Appeal proceedings are open to the public except for matters that have specifically been ordered to be \u201cclosed\u201d.\u00a0<\/div><\/div>\n

<\/span>Can every case be appealed? <\/div>
<\/span><\/p>\n

You do not have an automatic right of appeal to the Court of Appeal in every case. It depends on the kind of case. <\/span><\/p>\n

In civil proceedings, you generally have a right of appeal to the Court of Appeal from a final order of a judge of the Superior Court, unless the order requires payment of $50,000 or less, dismisses a claim for that amount, or is subject to an appeal to the Divisional Court under the applicable legislation. In some cases, you may require leave (or permission) to appeal. For example, leave to appeal is required if you are appealing an order of the Divisional Court, if the governing legislation states that you need to seek leave, or if the appeal is only as to costs that are in the discretion of the court that made the order for costs.<\/span><\/p>\n

In criminal proceedings, you generally have a right of appeal to the Court of Appeal in respect of indictable offences. In contrast, appeals from summary conviction offences are heard first by the Superior Court of Justice, with a further appeal to the Court of Appeal requiring leave.<\/div><\/div><\/span><\/p>\n

<\/span>What is \u201cleave to appeal\u201d? <\/div>
\n

In those cases that require \u201cleave\u201d to appeal, you need permission to bring your appeal. Leave to appeal will be granted by a single judge or a panel of three judges, depending on the circumstances. Sometimes motions for leave to appeal are heard in writing (i.e.\u00a0there is no oral argument) and sometimes they are heard orally (i.e.\u00a0in addition to filing written arguments, the parties appear before a judge or judges to make oral submissions).\u00a0<\/div><\/div>\n

<\/span>Who hears motions and what documentation must be filed prior to the hearing of a motion? <\/div>
\n

Most motions are heard by a single judge, though there are certain types of motions that must be heard by a three-judge panel. For example, motions for leave to appeal in most civil proceedings are heard by a panel of three judge in writing, without oral argument.<\/p>\n

The materials to be filed on a motion typically include a Notice of Motion (Form 37A<\/a>), a motion record, transcripts (if any), and a factum. The filing requirements may be flexible depending on the nature of the motion and the circumstances of your case.<\/p>\n

Materials to be used on a motion must be served on the opposing party and filed with the Court.<\/p>\n

Procedures for civil motions at the Court of Appeal are governed by rule 61.16 of the\u00a0Rules of Civil Procedure<\/em><\/a>. The court has also issued a\u00a0Practice Direction Concerning Civil Appeals at the Court of Appeal for Ontario<\/a>\u00a0with further information.<\/p>\n

Procedures for criminal motions are governed by the\u00a0Criminal Appeal Rules<\/a><\/em>. The Court\u00a0has also issued a\u00a0Practice Direction Concerning Criminal Appeals at the\u00a0Court\u00a0of Appeal for Ontario<\/a>\u00a0with further information.\u00a0<\/div><\/div>\n

<\/span>Is there a time limit on appealing? <\/div>
\n

Yes. The appeal period varies, depending on the types of decisions or orders at issue. It is very important to check the appropriate statute or regulation that applies to your case.\u00a0<\/div><\/div>\n

<\/span>Can an appeal be filed after the appeal period expires? <\/div>
\n

If you have missed the deadline for filing an appeal, you may bring a motion to request an extension of time to file your Notice of Appeal. You must file an affidavit in support of your motion. The affidavit must set out the reasons why the appeal was not filed during the required appeal period. A judge will hear the motion and decide whether to grant you an extension of time.<\/p>\n

In some cases, it may also be possible to file a Notice of Appeal after the deadline if the other party consents.\u00a0<\/div><\/div>\n

<\/span>What documents are required to start an appeal? <\/div>
\n

The appeal process is complex. In civil appeals, the appellant must serve and file a Notice of Appeal (Form 61A<\/a>) and the Appellant\u2019s Certificate Respecting Evidence (Form 61C<\/a>). The appellant must also file proof that copies of the Notice of Appeal and Appellant\u2019s Certificate Respecting Evidence were served on the respondent. Proof of service should be in the form of an affidavit (Form 16B<\/a>), indicating when, where, and how the documents were served, or an admission by the party receiving the documents that they have been served.<\/p>\n

In criminal appeals, you must also file a Notice of Appeal. However, the form to be used varies depending on the nature of the appeal. For information specific to your criminal appeal, you should click\u00a0here<\/a>\u00a0and review the\u00a0Criminal Appeal Rules<\/a><\/em>.\u00a0<\/div><\/div>\n

<\/span>What further documents are needed to have your case heard in the Court of Appeal? <\/div>
\n

In addition to the documents required to start an appeal, other documents are required to \u201cperfect\u201d the appeal. This means all the necessary documents have been served and filed with the Court of Appeal, with proof of service, within the relevant time periods.<\/p>\n

In civil appeals, you must file an appeal book and compendium, an exhibit book, a factum, and transcripts of evidence (if any). You must serve these documents on the respondent first, and then file them with the Court of Appeal along with proof of service. Proof of service should be in the form of an affidavit (Form 16B<\/a>), indicating when, where, and how the documents were served, or an admission by the party receiving the documents that they have been served. Once those documents are filed, the last step is to file a\u00a0Certificate of Perfection, which indicates you have served and filed all the necessary documents. Rule 61.09(3)(c) of the\u00a0Rules of Civil Procedure<\/a><\/em>\u00a0explains the information you should include in your\u00a0Certificate of Perfection.<\/p>\n

In criminal appeals, you must file an appeal book, a factum, and copies of any relevant transcripts of evidence. A compendium is\u00a0optional,\u00a0but\u00a0recommended. Like in civil appeals, you must serve these documents on the respondent first, and then file them with the Court of Appeal with proof of service and the\u00a0Certificate of Perfection. Section 18(2) of the\u00a0Criminal Appeal Rules<\/a><\/em>\u00a0explains what the Certificate of Perfection\u00a0requires.<\/p>\n

There\u00a0is a\u00a0fee<\/a>\u00a0to perfect\u00a0a civil\u00a0appeal, which you must pay when you file the\u00a0Certificate of Perfection. There is no fee to perfect a criminal appeal.\u00a0<\/div><\/div>\n

<\/span>How much does it cost to file documents in the Court of Appeal? <\/div>
\n

For a full listing of all legislated Court of Appeal fees,\u00a0click here<\/a>.<\/p>\n

For information on\u00a0what to do if you can\u2019t afford to pay the fees in your case,\u00a0click here<\/a>.\u00a0<\/div><\/div>\n

<\/span>When will the appeal be heard? <\/div>
\n

Once the Court of Appeal receives all the necessary documents, a date will be set for the hearing of the appeal that is agreeable to all the parties.\u00a0<\/div><\/div>\n

<\/span>Where can I access a bilingual copy of a Court of Appeal judgment? <\/div>
\n

Judgments of the Court of Appeal are published in English, French or, in some cases, both English and French. Free access to electronic copies of recent court decisions is available through the Court of Appeal\u00a0website<\/a>\u00a0or\u00a0https:\/\/www.canlii.org\/en\/<\/a>. The Centre for Legal Translation and Documentation<\/a> also maintains a\u00a0website\u00a0with certain decisions from the Court that have been translated into French. Most decisions of the Court are available only in English or French and not both languages.\u00a0<\/div><\/div>\n

<\/span>What about court costs if I lose my case? <\/div>
\n

If your appeal is dismissed, the Court of Appeal may assess costs against you. In civil matters, cost awards are common. In criminal matters, costs are generally not awarded, either for or against the Crown.\u00a0<\/div><\/div>\n

<\/span>Can a Court of Appeal decision be appealed? <\/div>
\n

Yes, in some cases an appeal can be taken to the Supreme Court of Canada in Ottawa.\u00a0In most\u00a0cases,\u00a0leave\u00a0to appeal\u00a0from the Supreme Court of Canada is required.\u00a0<\/div><\/div>\n

<\/span>What should I do if I have further questions? <\/div>
<\/span><\/p>\n

Court staff<\/a> may be able to answer some of your procedural or administrative questions about the Court, but they cannot provide legal advice. If you have questions, you should speak with a lawyer.\u00a0<\/span><\/p>\n

The Law Society of Ontario has an online Law Society Referral Service that gives you the name of a lawyer or licensed paralegal who can give you free legal advice for up to 30 minutes in any area of law. If you cannot wait for a legal representative to call you back, or if you do not have a call-back number, email lsrs@lso.ca. Or, if you are in crisis or in custody, call 1-855-947-5255 or 416-947-5255, Monday to Friday, between 9:00 a.m. and 5:00 p.m.<\/span><\/p>\n

If you are unable to afford a lawyer, you may wish to attend a free legal clinic in your\u00a0area, or\u00a0apply for legal aid. For more information, you may contact Legal Aid Ontario at 1-800-668-8258 between Monday and Friday from 8:00 a.m. to 5:00 p.m.\u00a0<\/span><\/p>\n

JusticeNet\u00a0helps people find a legal professional if their income is too high to qualify for Legal Aid but too low to afford legal fees. If your net family income is less than $59,000,\u00a0JusticeNet\u00a0may refer you to an online directory of lawyers, paralegals, and mediators who provide help at reduced rates. You may contact\u00a0JusticeNet\u00a0at 416-479-0551 or toll-free at 1-866-919-3219. <\/span><\/p>\n

If you are representing yourself, either because you do not qualify for Legal Aid or because you choose to do so, you may nevertheless wish for assistance. Pro Bono Ontario helps self-represented persons on civil matters at the Court of Appeal. You may contact Pro Bono Ontario at 1-855-255-7256, Monday to Friday between 9:30 a.m. and 12:00 p.m., and from 1:00 p.m. to 4:00 p.m.\u00a0<\/div><\/div><\/span><\/p>\n

KEY TERMS<\/h2>\n

The following is a basic guide to some common terms at the Court of Appeal for Ontario which may be unfamiliar or have a special meaning. For a more comprehensive glossary of legal terms, you may wish to consult a lawyer, the Ministry of the Attorney General\u2019s\u00a0<\/span>Glossary of Terms<\/span><\/a>, or another resource.\u00a0<\/span><\/p>\n

Affidavit<\/strong><\/p>\n

A written statement of facts that is sworn or affirmed to be true. An affidavit is usually signed before a notary public or a commissioner of oaths.\u00a0All\u00a0lawyers licensed to practice law in Ontario can commission affidavits.<\/p>\n

Appeal<\/strong><\/p>\n

A review by an appellate court of a decision of another appellate court, a trial court or a tribunal. The appellate court may affirm, vary or set aside the original decision.<\/p>\n

Appellant<\/strong><\/p>\n

The person or party\u00a0appealing\u00a0a\u00a0decision.<\/p>\n

Appeal Book<\/strong><\/p>\n

A volume filed with the court by the appellant containing\u00a0all of\u00a0the documents, affidavit evidence, listing of exhibits, orders, judgments, and\/or reasons for the decision of the judge or other authority of the court or tribunal appealed from required for the appeal.<\/p>\n

In civil appeals, the appeal book\u2019s contents are specified in r. 61.10(1) of the\u00a0Rules of Civil Procedure<\/a><\/em>.\u00a0It is filed by the appellant and called the appeal book and compendium.\u00a0In criminal appeals, the appeal book\u2019s contents are specified in r. 14(1) of the\u00a0Criminal Appeal Rules<\/em><\/a>.\u00a0It\u00a0is filed by the appellant, except in inmate appeals,\u00a0and appeals under Part XX.1 of the\u00a0Criminal Code<\/em><\/a>\u00a0where the appellant is not represented by counsel\u00a0(see r. 41 of the\u00a0Criminal Appeal Rules<\/a><\/em>).<\/p>\n

Appeal Allowed<\/strong><\/p>\n

The court has decided in favour of the appellant (the party bringing the appeal).<\/p>\n

Appeal Dismissed<\/strong><\/p>\n

The court has decided in favour of the respondent (the party against whom the appeal is brought) and against the appellant.<\/p>\n

Bilingual Proceeding Requisition Form<\/strong><\/p>\n

A form to request a bilingual proceeding.<\/p>\n

You have the right to use the English or French language in documents or proceedings before the Court of Appeal. You can exercise your right to a bilingual proceeding in several ways, including by filing your first document in French or a requisition form requesting a bilingual proceeding (Form RR3007<\/a>).<\/p>\n

For more information on bilingual court proceedings in Ontario, see the Ministry of the Attorney General’s website<\/a>.<\/p>\n

Book of Authorities<\/strong><\/p>\n

Copies of past legal cases and extracts from secondary sources that are relevant to the issues and that are cited in the factum. The Book of Authorities usually has a table of contents listing all of the cases and sources contained in it.<\/p>\n

Chambers<\/strong><\/p>\n

Chamber sittings at the Court of Appeal are heard by a single judge of the Court and often involve motions.<\/p>\n

Compendium<\/strong><\/p>\n

A volume filed with the court with excerpts from the transcript, exhibits and other documents relevant to the hearing of the appeal. In civil appeals, the appellant files a combined appeal book and compendium and the respondent files a compendium. The appeal book and compendium\u2019s contents are specified in r. 61.10(1) of the Rules of Civil Procedure<\/em><\/a>\u00a0and the compendium\u2019s contents are specified in r. 61.12(7) of the\u00a0Rules of Civil Procedure<\/em><\/a>.<\/p>\n

Costs<\/strong><\/p>\n

A money award made by a court or tribunal for expenses in bringing or defending a\u00a0legal proceeding\u00a0or a step in a proceeding.<\/p>\n

Court of Appeal for Ontario<\/strong><\/p>\n

The highest court in the province, which hears appeals from\u00a0the Ontario Court of Justice, the Ontario Superior Court of Justice and the Divisional Court.<\/p>\n

Court Transcript Order Form<\/strong><\/p>\n

A form to be completed when ordering transcripts or reasons for decisions. The form is available from the Authorized Court Transcriptionists for Ontario\u00a0website<\/a>, along with instructions on how to place your order.<\/p>\n

Criminal Appeal Rules<\/strong><\/p>\n

Rules regarding criminal court proceedings as opposed to civil proceedings\u00a0or provincial offences. The\u00a0Criminal Appeal Rules<\/em>\u00a0are available\u00a0here<\/a>. The Court of Appeal for Ontario also publishes a Practice Direction for criminal appeals.<\/a><\/p>\n

Divisional Court<\/strong><\/p>\n

An appellate branch of the Superior Court. The Divisional Court hears judicial review applications, statutory appeals from provincial administrative tribunals, and some civil and family appeals.<\/p>\n

Endorsement<\/strong><\/p>\n

A short, written decision of a judge, sometimes written on the back of an appeal book or motion record. Prior to May 8, 2017, the Court of Appeal for also used the term \u201cendorsement\u201d to describe brief decisions of the Court that are now called \u201cReasons for Decision.\u201d<\/p>\n

Exhibits<\/strong><\/p>\n

Evidence that was presented to\u00a0a\u00a0trial\u00a0court\u00a0or\u00a0an administrative\u00a0tribunal and admitted into evidence.<\/p>\n

Factum<\/strong><\/p>\n

A document filed with the court setting out a party\u2019s concise argument, including the relevant facts and law.\u00a0In civil appeals, the contents of the appellant\u2019s factum are specified in r. 61.11(1) of the\u00a0Rules of Civil Procedure<\/a><\/em>\u00a0and the contents of the respondent\u2019s factum are specified in r.\u00a061.12(3). In criminal appeals, the contents of the appellant\u2019s factum are specified in r. 16(3) of the\u00a0Criminal Appeal Rules<\/em><\/a>\u00a0and the contents of the respondent\u2019s factum are specified in r. 16(4) unless the appeal is from sentence only. If the appeal is from sentence only, the contents of the factum are specified in r. 17(1) of the\u00a0Criminal Appeal Rules<\/a><\/em>.<\/p>\n

In Camera\u00a0Proceeding<\/strong><\/p>\n

A hearing that is private or closed.\u00a0In camera\u00a0proceedings are not open to the public.\u00a0The media may or may not be able to attend such hearings.<\/p>\n

Judgment<\/strong><\/p>\n

The final decision by the court in a legal proceeding.\u00a0Shorter decisions at the court of appeal are referred to as Reasons for Decision or Endorsements.<\/p>\n

Leave<\/strong><\/p>\n

Permission to do something. In some cases, a person wishing to do something at the Court must ask the Court for leave (permission) to do so. For example, before appealing an order of the Divisional Court, leave of the Court of Appeal is required.<\/p>\n

Motion<\/strong><\/p>\n

A request to the court for an order\u00a0during\u00a0the\u00a0course\u00a0of\u00a0a court proceeding. Motions can be\u00a0brought\u00a0for many purposes, such as asking for an extension of time to file an appeal. A Notice of Motion must be filed with the court and include an affidavit giving details in support of the motion.<\/p>\n

Motion for Leave to Appeal<\/strong><\/p>\n

The procedure for requesting the court’s permission to hear an appeal.<\/p>\n

Motion Record<\/strong><\/p>\n

A volume filed with the court containing documents that are to be used in the hearing of the motion. The Motion Record usually includes the Notice of Motion, affidavits, a list of relevant transcripts, any orders or decisions from a\u00a0court\u00a0or tribunal, and any other material that is necessary for the hearing of the motion. In civil and criminal appeals, the contents of the motion record are generally specified in r. 37.10(2) of the\u00a0Rules of Civil Procedure<\/a>.<\/em><\/p>\n

Moving Party<\/strong><\/p>\n

The person or party bringing the motion.<\/p>\n

Ontario Court of Justice<\/strong><\/p>\n

Ontario\u2019s\u00a0provincial trial court. The Ontario Court of Justice has jurisdiction over matters specifically assigned to it, including a wide range of criminal and family law matters as well as provincial offences matters.<\/p>\n

Order<\/strong><\/p>\n

A decision of a court or tribunal requiring a person or party to do something or refrain from doing something. An order may be temporary (called an interim\u00a0order) or final.<\/p>\n

Perfection<\/strong><\/p>\n

The filing with the court of all the documents necessary for\u00a0scheduling an\u00a0appeal\u00a0for\u00a0hearing,\u00a0along\u00a0with proof of service of those documents.<\/p>\n

Practice Directions<\/strong><\/p>\n

Directions, notices, guides and similar publications from the court that are supplemental to the rules and procedures and\u00a0set out\u00a0the practice\u00a0you need to follow. They include specific instructions regarding the preparation of material, and other general information.<\/p>\n

Publication Ban<\/strong><\/p>\n

A prohibition on the publication of certain details about a legal proceeding. A publication ban may be imposed by an order of the court or through the operation of a federal or provincial statute. A publication ban may be mandatory (meaning that it is imposed either automatically or on application) or discretionary (meaning that it is imposed at the discretion of the court).<\/p>\n

Reasons for Decision<\/strong><\/p>\n

A short decision prepared by the court that does not include an extensive analysis of the facts or the law.<\/p>\n

Reserved Judgment<\/strong><\/p>\n

When a judge or judges do not immediately give their\u00a0decision, but\u00a0issue their written decision\u00a0at a later date.<\/p>\n

Respondent<\/strong><\/p>\n

The person or party opposing the appeal.<\/p>\n

Responding Party<\/strong><\/p>\n

The person or party opposing the motion.<\/p>\n

Rules of Civil Procedure<\/strong><\/p>\n

Rules regarding civil court proceedings as opposed to criminal proceedings. The\u00a0Rules of Civil Procedure<\/em>\u00a0are available\u00a0here<\/a>. The Court of Appeal for Ontario also publishes a Practice Direction for civil appeals, which is available\u00a0here<\/a>.<\/p>\n

Serve or Service<\/strong><\/p>\n

Official delivery of legal documents to another party to the proceeding, following the specific rules as set out in the\u00a0Rules of Civil Procedure<\/a><\/em>, the\u00a0Criminal Appeal Rules<\/a><\/em>\u00a0or the Court\u2019s\u00a0practice directions<\/a>.<\/p>\n

Superior Court of Justice<\/strong><\/p>\n

Ontario\u2019s court\u00a0of general and inherent jurisdiction. The Superior Court\u00a0can hear any matter that is not specifically assigned to another level of\u00a0court\u00a0and\u00a0has authority over matters granted to it by federal and provincial statutes.<\/p>\n

Supreme Court of Canada<\/strong><\/p>\n

Supreme Court of Canada:\u00a0 The final court of appeal in Canada. The Supreme Court hears appeals from the Court of Appeal for Ontario as well as other provincial and territorial courts of appeal, the Federal Court of Appeal and the Court Martial Appeal Court of Canada.<\/p>\n

Transcript<\/strong><\/p>\n

A\u00a0written\u00a0record of the oral proceedings of the court or tribunal case under appeal.<\/p>\n

Tribunal<\/strong><\/p>\n

An administrative body or person exercising a statutory decision-making power. Tribunals generally have a mandate to adjudicate and resolve specific types of disputes between parties and function with less formality than courts..<\/p>\n","protected":false},"excerpt":{"rendered":"The following questions and answers and key terms are intended to help self-represented litigants and members of the\u00a0legal\u00a0profession understand procedures...","protected":false},"author":1,"featured_media":0,"parent":1946,"menu_order":5,"comment_status":"closed","ping_status":"closed","template":"full-width-page-template.php","meta":[],"acf":[],"yoast_head":"\r\nFrequently Asked Questions and Terms - Court of Appeal for Ontario<\/title>\r\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\r\n<link rel=\"canonical\" href=\"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/faq\/\" \/>\r\n<meta property=\"og:locale\" content=\"en_US\" \/>\r\n<meta property=\"og:type\" content=\"article\" \/>\r\n<meta property=\"og:title\" content=\"Frequently Asked Questions and Terms - Court of Appeal for Ontario\" \/>\r\n<meta property=\"og:description\" content=\"The following questions and answers and key terms are intended to help self-represented litigants and members of the\u00a0legal\u00a0profession understand procedures...\" \/>\r\n<meta property=\"og:url\" content=\"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/faq\/\" \/>\r\n<meta property=\"og:site_name\" content=\"Court of Appeal for Ontario\" \/>\r\n<meta property=\"article:modified_time\" content=\"2023-05-09T17:33:59+00:00\" \/>\r\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\r\n<meta name=\"twitter:label1\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data1\" content=\"19 minutes\" \/>\r\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/faq\/\",\"url\":\"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/faq\/\",\"name\":\"Frequently Asked Questions and Terms - Court of Appeal for Ontario\",\"isPartOf\":{\"@id\":\"https:\/\/www.ontariocourts.ca\/coa\/#website\"},\"datePublished\":\"2021-03-01T22:18:19+00:00\",\"dateModified\":\"2023-05-09T17:33:59+00:00\",\"breadcrumb\":{\"@id\":\"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/faq\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/faq\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/faq\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.ontariocourts.ca\/coa\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"How to Proceed in the Court\",\"item\":\"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/\"},{\"@type\":\"ListItem\",\"position\":3,\"name\":\"Frequently Asked Questions and Terms\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.ontariocourts.ca\/coa\/#website\",\"url\":\"https:\/\/www.ontariocourts.ca\/coa\/\",\"name\":\"Court of Appeal for Ontario\",\"description\":\"\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/www.ontariocourts.ca\/coa\/?s={search_term_string}\"},\"query-input\":\"required name=search_term_string\"}],\"inLanguage\":\"en-US\"}]}<\/script>\r\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Frequently Asked Questions and Terms - Court of Appeal for Ontario","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/faq\/","og_locale":"en_US","og_type":"article","og_title":"Frequently Asked Questions and Terms - Court of Appeal for Ontario","og_description":"The following questions and answers and key terms are intended to help self-represented litigants and members of the\u00a0legal\u00a0profession understand procedures...","og_url":"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/faq\/","og_site_name":"Court of Appeal for Ontario","article_modified_time":"2023-05-09T17:33:59+00:00","twitter_card":"summary_large_image","twitter_misc":{"Est. reading time":"19 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/faq\/","url":"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/faq\/","name":"Frequently Asked Questions and Terms - Court of Appeal for Ontario","isPartOf":{"@id":"https:\/\/www.ontariocourts.ca\/coa\/#website"},"datePublished":"2021-03-01T22:18:19+00:00","dateModified":"2023-05-09T17:33:59+00:00","breadcrumb":{"@id":"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/faq\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/faq\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/faq\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.ontariocourts.ca\/coa\/"},{"@type":"ListItem","position":2,"name":"How to Proceed in the Court","item":"https:\/\/www.ontariocourts.ca\/coa\/how-to-proceed-court\/"},{"@type":"ListItem","position":3,"name":"Frequently Asked Questions and Terms"}]},{"@type":"WebSite","@id":"https:\/\/www.ontariocourts.ca\/coa\/#website","url":"https:\/\/www.ontariocourts.ca\/coa\/","name":"Court of Appeal for Ontario","description":"","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.ontariocourts.ca\/coa\/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"}]}},"_links":{"self":[{"href":"https:\/\/www.ontariocourts.ca\/coa\/wp-json\/wp\/v2\/pages\/2983"}],"collection":[{"href":"https:\/\/www.ontariocourts.ca\/coa\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.ontariocourts.ca\/coa\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.ontariocourts.ca\/coa\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ontariocourts.ca\/coa\/wp-json\/wp\/v2\/comments?post=2983"}],"version-history":[{"count":5,"href":"https:\/\/www.ontariocourts.ca\/coa\/wp-json\/wp\/v2\/pages\/2983\/revisions"}],"predecessor-version":[{"id":7862,"href":"https:\/\/www.ontariocourts.ca\/coa\/wp-json\/wp\/v2\/pages\/2983\/revisions\/7862"}],"up":[{"embeddable":true,"href":"https:\/\/www.ontariocourts.ca\/coa\/wp-json\/wp\/v2\/pages\/1946"}],"wp:attachment":[{"href":"https:\/\/www.ontariocourts.ca\/coa\/wp-json\/wp\/v2\/media?parent=2983"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}