Divisional Court
ISBN 978-1-4868-4553-8
© Queen's Printer for Ontario, March 2021
The information contained in this guide is simply an overview of the relevant legislation and rules of procedure. It is not intended to be a substitute for the Rules of Civil Procedure, which should be examined for specific information. Nothing contained, expressed or implied in this guide is intended as, or should be taken or understood as, legal advice. If you have any legal questions, you should see a lawyer.
Special thanks to the Divisional Court, whose Appeal Information Package provided valuable information for this series of Guides.
Guides are available in English and French at www.ontario.ca/attorneygeneral. Visit this site for information about accessible formats.
Les guides sont affichées en anglais et en français sur le site www.ontario.ca/procureurgeneral. Visitez ce site pour des renseignements sur des formats accessibles.
The Ministry of the Attorney General has a series of guides to Divisional Court procedures which are available at court offices and the Ministry of the Attorney General website at www.ontario.ca/attorneygeneral:
The guide entitled “What is Divisional Court?” includes a helpful overview of Divisional Court services, as well as a glossary of legal terms you may find helpful when reading the other guides.
Content
of forms under the Rules of Civil Procedure is available at the
following website:
www.ontariocourtforms.on.ca. Please note the
forms must be formatted in accordance with the Rules of Civil Procedure.
You can find tips on completing forms at the end of this guide.
The staff behind the counter at any Divisional Court office are helpful. They will answer your questions about Divisional Court procedures, but keep in mind they cannot give legal advice and they cannot fill out your forms for you.
For more detailed information, you should refer to the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. It is a regulation made under the authority of the Courts of Justice Act. To view the Rules on-line, go to www.ontario.ca/laws and follow these steps:
In an appeal, the appellant (the person who brings the appeal) argues that the lower court or tribunal made an error sufficient to justify overturning or modifying its decision. The person who responds to the appeal is called the respondent.
An appeal is different from a trial and is not a rehearing of the case. There can be no witnesses and no new evidence (except in very limited circumstances). Not all errors will change the outcome of a case on appeal.
The major steps in an appeal are summarized in the simplified flow chart below. This guide is divided into parts that describe each of these steps in detail. The list below shows where you can find more information about each step in this guide.
Does the appellant need to get leave (permission) to appeal before starting the appeal?
Refer to Part One: Leave to appeal.
Continue if leave to appeal granted
The appellant serves and files the Notice of Appeal and Appellant’s Certificate Respecting Evidence.
Refer to Part Two: Starting an appeal.
The respondent serves and files a Respondent’s Certificate Respecting Evidence, if required.
Refer to Part Five: Responding to an appeal.
The appellant orders transcripts if they are required, and files proof that the transcript has been ordered.
Refer to Part Three: Transcripts.
The appellant perfects the appeal by serving and filing the Appeal Book and Compendium, Exhibit Book, Factum, transcripts (if any) and Book of Authorities. The appellant files a Certificate of Perfection, and the court lists the appeal for hearing. Refer to Part Four: Perfecting an appeal.
The respondent serves and files the Respondent’s Compendium, Factum, and Book of Authorities.
Refer to Part Five: Responding to an appeal.
The parties attend the appeal hearing and a decision is made.
Refer to Part Six: Hearing of an appeal.
As you read on in this guide, you will notice many of these steps involve serving documents on other parties or paying fees. For more information about serving documents and proof of service, refer to the Guide to Serving Documents in Divisional Court Appeals. For more information about fees, refer to the Guide to Fees in Divisional Court Appeals.
Not in all cases. In some instances, you must first obtain permission (or leave) from the court to appeal. For example, you need leave before you can appeal an interlocutory order of a judge of the Superior Court of Justice that does not dispose of the proceeding. You must confirm whether you need leave by consulting either the Courts of Justice Act or the legislation that applies to your appeal.
Generally, if you are appealing a final order, you have 30 days after the date the order was made, unless a statute or rule provides otherwise. For example, if you need leave to appeal, you may only have seven days from the date of the order. If you are uncertain about what period of time applies in your case, you should consult a lawyer.
Yes. If you are appealing an order made in a family law case, you need to be aware that some of the timelines set out in the Rules of Civil Procedure are modified by the Family Law Rules. The Family Law Rules are special rules of procedure for family law cases, and are set out in a regulation made under the authority of the Courts of Justice Act, available at https://www.ontario.ca/laws/regulation/990114.
Rule 38 of the Family Law Rules applies to appeals in family law cases. Most family law appeals to the Divisional Court are governed by the timelines in the Rules of Civil Procedure. However, there are shorter timelines for appeals of orders made under the Child, Youth and Family Services Act, 2017. These shorter timelines help the children involved have the case resolved quickly. For the modified timelines of Child, Youth and Family Services Act, 2017 appeals, consult Rule 38 of the Family Law Rules and see the following sections in this guide:
Note: All appeals of family law cases require Rules of Civil Procedure forms and not family forms.
Leave to appeal is simply the permission of the court to appeal. When leave is required, you must seek and obtain leave before you can bring your appeal.
Leave to appeal is required in two types of circumstances:
The procedure for seeking leave to appeal is slightly different, depending upon whether leave is required under specific legislation or under section 19(1)(b).
Where leave to appeal is specifically required by the legislation under which a decision was made, you must bring a motion for leave in accordance with Rule 61.03 of the Rules of Civil Procedure (after this, referred to as the Rules):
All motions for leave under Rule 62.02 must be filed at the Divisional Court Office in Toronto. Your material must be filed at the following address in person or by mail/courier, together with payment of the filing fee:
Divisional Court Office
Osgoode Hall
130 Queen Street West
Toronto, ON M5H 2N5
The motion for leave will be heard in writing by a panel of three Divisional Court judges. Three printed copies of the motion record, factum and transcripts, if any, are required to be filed.
You should also consult the Consolidated Practice for Divisional Court Proceedings, which includes direction on motions for leave to appeal to the Divisional Court, available online at www.ontariocourts.ca/scj/practice/practice-directions/divisional-court.
Where leave to appeal is required under section 19(1)(b) of the Courts of Justice Act (to appeal an interlocutory order), you must bring a motion for leave in accordance with Rule 62.02 of the Rules:
If you are bringing your motion in Toronto, you should also consult the Divisional Court Practice Direction Re: Proceedings to be Heard by a Single Judge, available online at www.ontariocourts.ca.
Within 7 days of leave being granted, you must serve and file (with proof of service) your Notice of Appeal (Form 61A) and Appellant’s Certificate Respecting Evidence (Form 61C). There will be a fee payable when you file your Notice of Appeal. Your appeal will then continue in the same manner as an appeal where leave is not required.
Yes. The normal timeline does not apply to an appeal of an interlocutory order made under the Child, Youth and Family Services Act, 2017. Under Rule 38(3) of the Family Law Rules, the motion for leave to appeal and the appeal are combined and heard together. This means you must serve the Notice of Motion for Leave to Appeal (Form 37A) within 30 days after the order being appealed from, at the same time as you serve the Notice of Appeal (Form 61A). The timelines for serving the Notice of Appeal are described in detail in Part Two below.
Start by serving and filing one copy of a Notice of Appeal (Form 61A) and one copy of an Appellant's Certificate Respecting Evidence (Form 61C). The documents must be served on the respondent(s). When you file them with the court, you will also need to file proof of service. There is a fee for filing the Notice of Appeal, payable at the time it is filed.
The Notice of Appeal contains the relief sought, the grounds of the appeal and the basis for the Divisional Court’s jurisdiction. For a brief description of the meaning of these terms, see the glossary in the guide What is Divisional Court?
An Appellant’s Certificate Respecting Evidence is a certificate that sets out only those portions of the evidence from the original hearing the appellant considers necessary for the appeal. See Rule 61.05 of the Rules for more information.
You must serve all other parties affected by the decision under appeal (now referred to as “respondents”). There are limited situations when you do not need to serve all respondents. See Rule 61.04 for details. If you are appealing a decision of a tribunal or board, you must also serve the relevant tribunal or board within the same timelines.
You must serve the respondents within 30 days after the date of the order being appealed, unless a statute or the Rules provide otherwise. If you are serving on the 30th day, you must do so before 4:00 p.m. If you brought a motion for leave to appeal, refer to Part One of this guide for information about the timelines that apply to your appeal.
You are out of time for service as provided for in the Rules and court office staff cannot accept your appeal. You may obtain the written consent of the respondent(s) for late service OR bring a motion before a single judge of the Divisional Court asking for an extension of time.
You must file your Notice of Appeal at the court within 10 days after service on all named respondents. You can file your Appellant’s Certificate at the same time. If you brought a motion for leave to appeal, refer to Part One of this guide for information about the timelines that apply to your appeal.
You may obtain written consent for late filing from the respondent(s) OR bring a motion for an extension of time before a single judge of the Divisional Court. You should be aware that if, after serving a Notice of Appeal or Notice of Cross-Appeal, you do not file it with the court within 10 days of service, you will be considered to have abandoned the appeal. The respondent(s) is entitled to costs of an abandoned appeal, unless the court orders otherwise.
Generally, Divisional Court appeals are filed in the region where the hearing or other process took place. This may not be the case if the parties agree otherwise. See section 20(1) of the Courts of Justice Act. For more information on where to file your appeal documents see the guide What is Divisional Court?
You will be given a Divisional Court file number which must appear on all further documents to be served and filed. Have this file number at hand when contacting the court about your file.
The order remains in effect, unless a judge grants a “stay” (temporary stopping) of its effect. Generally, unless you bring a motion to seek a stay and it is granted, you must comply with the terms of the order. In certain cases, there is an automatic stay that takes effect upon serving and filing a Notice of Appeal, such as:
Even where there is an automatic stay, you must inform the court or tribunal that made the order being appealed and the enforcement office in writing of the existence of the stay. It may be necessary to file a Certificate of Stay (Form 63A or 63B). See Rule 63 of the Rules for more information.
An appellant may abandon the appeal at any time by serving and filing a Notice of Abandonment (Form 61K). The notice must be served and filed with proof of service. If, after serving a Notice of Appeal or Notice of Cross-Appeal, you do not file it with the court within 10 days of service, you will be considered to have abandoned the appeal. The respondent(s) is entitled to costs of an abandoned appeal, unless the court orders otherwise.
A transcript is a typed version of the oral proceedings of the court or tribunal in the matter you are appealing. If required, a certified transcript is prepared by a qualified transcriber for tribunal hearings or an authorized court transcriptionist for court proceedings using the audio recording of the trial or hearing. Transcripts are prepared in a special format and must conform to the Rules. Once a transcript is prepared, it is certified and signed by the qualified transcriber or authorized court transcriptionist as a true and accurate copy of the proceedings.
A transcript is required if witnesses testified at the hearing and either party believes all or part of the testimony will be relevant to the appeal. Any oral rulings of the decision-maker may also need to be transcribed. If you are unsure whether or not you need a transcript, you should consult a lawyer. The appellant is responsible for the cost of the transcript.
Each transcript page costs a prescribed fee and the length of the transcript depends on the length of the hearing you are appealing from and the amount of transcript you require. For more information, refer to the Guide to Fees in Divisional Court Appeals.
Please note that the prescribed fee for transcripts of a court proceeding cannot be waived. For information on fee waivers, refer to the Guide to Fee Waiver Requests.
Not usually. A complete transcript is not normally required for the hearing of an appeal, and unless you request a complete transcript, only the oral testimony of the witnesses and rulings by the decision-maker will be transcribed.
Unless you have special directions from a judge, you must obtain a Certificate of Ordering a Transcript for Appeal from an authorized court transcriptionist for court proceedings or from the or tribunal or board that made the order being appealed. You must also file a copy of the certificate with the Divisional Court office within 30 days from the date the Notice of Appeal was filed.
It is your responsibility to go back to the court/tribunal/board office that made the order you are appealing and find out whether they made a recording of the evidence at your hearing and if and how you can get a transcript.
Some tribunals and boards prepare a record of proceedings instead of a transcript of evidence. If a court reporter was present at your tribunal/board hearing, it is usually your responsibility to order the transcript directly from that reporter for the purposes of an appeal. For some tribunal proceedings, on payment of a fee, you may obtain a tape recording or CD (compact disc) of the hearing. You must then take it to a certified court reporting service to have a transcript produced. Such services may be found in legal directories or in the Yellow Pages.
For a transcript of a court proceeding, you can obtain a court transcript by accessing the List of Authorized Court Transcriptionists at www.courttranscriptontario.ca and making arrangements directly with an authorized court transcriptionist from the list (including availability to meet timelines, deposits, payment and delivery).It is your responsibility to ensure the transcript, if required, is ordered in a timely manner. Failure to do so will jeopardize the hearing of your appeal.
An appeal is perfected when all the documents necessary for the hearing of the appeal have been served and filed with the court with proof of service within the time periods set out in the Rules. The other documents the appellant must serve and file in order to perfect the appeal are:
It is often also a good idea to file a Book of Authorities.
Once the appeal is perfected, you file a Certificate of Perfection to certify the appeal is perfected. There is a fee payable when you file a Certificate of Perfection. Once you file your Certificate of Perfection, the Divisional Court can list the appeal for hearing.
All of these documents are described in detail in this section. Each document must be prepared according to the format set out in the Rules. Details are provided below and in a quick reference chart at the back of this guide, but for precise guidelines, refer to Rules 4 and 61.09 to 61.12.
The Appeal Book and Compendium is a bound volume(s) that contains a collection of the documents relating to your appeal. It must be bound front and back in buff coloured covers. When you file your Appeal Book and Compendium with the court, you will need to provide three copies if your appeal is before a panel of judges. The pages of the Appeal Book and Compendium must be consecutively numbered, with numbered tabs arranged in the following order:
The Exhibit Book is a bound volume(s) containing exhibits from the original hearing necessary for the consideration of your appeal. Remember, you cannot introduce new evidence without the court’s permission. The Exhibit Book must be bound front and back in buff covers. If you believe some exhibits are not needed, you can ask the respondent(s) to agree to omit them. The pages of the exhibit book must be consecutively numbered, with numbered tabs arranged in the following order:
The Appellant’s Factum is a bound document containing a concise summary of the facts, the law and the arguments you are making in support of your appeal. When you file your Factum with the court, you will need to provide an electronic version in addition to a hard copy. If your appeal is before a panel of judges, you will need to provide three hard copies. The Appellant's Factum must be bound front and back in white covers. It should not be more than 10 pages in length and cannot be more than 30 pages without the approval of a judge. The Factum must be signed at the end. The Appellant's Factum must consist of the following parts (note that for Parts I through V, you must number each paragraph):
Information about transcripts is provided in Part Three: Transcripts. If you are filing a transcript and an electronic version of the transcript was prepared, you must file the electronic version of the transcript with the court, in addition to a hard copy.
It is of great assistance to the Divisional Court for the parties to file casebooks containing copies of the cases to which they intend to refer on the hearing of the appeal. These cases are known as “authorities."
The Appellant's Book of Authorities must be bound front and back in white covers. The Respondent’s Book of Authorities must be bound front and back in green covers. If the appeal is before a panel of judges, each party should file three copies of its Book of Authorities. The Book of Authorities should include a tab for each case (either numerical or alphabetical), and should include an index of the cases and indicate the tab where the case is reproduced. The particular passages in the cases to which you wish to refer should be clearly marked with highlighting, underlining or sidebars.
The Book of Authorities should include only the cases that you have referred to in the Factum. The Book of Authorities should be filed, if possible, with the Factum, but if not possible, then not later than Monday of the week preceding the hearing of the appeal. If you and the respondent(s) agree, you can file a joint Book of Authorities.
The Divisional Court maintains a Judges’ Book of Authorities containing frequently cited authorities. If you are referring to a case in the Judges’ Book of Authorities, you do not need to include the full case in your Book of Authorities. However, you should include the extracts you intend to refer the judge(s) to in your Factum or your Book of Authorities. A list of the authorities in the Judges’ Book is available at www.ontariocourts.ca and at Divisional Court offices.
The Certificate of Perfection must:
Unless there is a judge’s order, only a Book of Authorities can be filed by an appellant after perfection.
No. All documents must be served before they are filed. Proof of service is required at the time of filing.
When there is no transcript of evidence required, you must perfect your appeal within 30 days of when you filed your Notice of Appeal. Where a transcript of evidence is required, you must perfect within 60 days of receiving notice that the transcript has been completed.
Yes. For an appeal of an order made under the Child, Youth and Family Services Act, 2017, there is a modified timeline for perfecting the appeal. When no transcript of evidence is required, you must perfect your appeal within 14 days after you file your Notice of Appeal, instead of 30 days. Where a transcript of evidence is required, you must perfect within 30 days of the completion of the transcript, instead of 60 days.
Your appeal may be dismissed for delay on ten days written notice to you. If you receive notice from the Registrar that your appeal is dismissed and you believe it to be in error, you should contact the Divisional Court office where you filed your appeal as soon as possible. For more information on dismissal for delay, see the guide What can I do if my appeal to the Divisional Court is dismissed for delay or dismissed as abandoned?
There are two options:
Consider seeking legal advice. You or your lawyer will need to prepare responding materials, serve them on the other parties, and file them with the Divisional Court with proof of service within the deadlines set by the Rules. You may decide to serve and file a Respondent’s Certificate Respecting Evidence (Form 61D) confirming the appellant’s certificate (described in Part Two: Starting an Appeal) or setting out any additions to or deletions from it. If so, you must serve it within 15 days after service of the appellant’s certificate. If you do not serve a Respondent’s Certificate Respecting Evidence, you will be considered to have confirmed the appellant’s certificate.
You must serve and file a Respondent’s Factum and a Respondent’s Compendium. The content and format of these documents are described below. It is recommended that you review Rule 61.12 of the Rules for more detail. You may also file a Book of Authorities if you intend to rely on cases not already included in the Appellant’s Book of Authorities. For more information, see the section on Book of Authorities in Part Four: Perfecting an Appeal. There is no fee to file any of these materials.
The Respondent’s Factum is a bound document containing a concise summary of the facts, the law and the arguments you are making in response to the appeal. When you file your Factum with the court, you will need to provide an electronic version in addition to a hard copy. If your appeal is before a panel of judges, you will need to provide three hard copies. The Respondent’s Factum must be bound front and back in green covers. It should not be more than 10 pages in length and cannot be more than 30 pages without the approval of a judge. You must sign the Factum at the end. The Respondent's Factum must consist of the following parts (note that for Parts I through V, you must number each paragraph):
The Respondent’s Compendium is a bound volume(s) that contains documents referred to in the Respondent’s Factum that are not already included in the appellant’s Appeal Book and Compendium. It must be bound front and back in buff coloured covers. When you file your Compendium with the court, you will need to provide three copies if your appeal is before a panel of judges. The pages of the Respondent’s Compendium must be consecutively numbered, with numbered tabs arranged in the following order:
Once the appellant has served the Appeal Book and Compendium, the Exhibit Book, the Appellant’s Factum and the transcript (if any), you have 60 days from the date of service to serve the appellant and any other respondents with responding materials and then file the documents with the Divisional Court office with proof of service. The responding materials must be served and filed with proof of service within the 60 day limit.
The deadline for filing a Respondent’s Book of Authorities is the same as that for the appellant. If possible, file it with the Factum. If that is not possible, then file it not later than Monday of the week preceding the hearing of the appeal.
Yes. For an appeal of an order made under the Child, Youth and Family Services Act, 2017, there is a modified timeline for the respondent to prepare responding material. Instead of 60 days, the respondent has 30 days from the date of service to serve the appellant and any other respondents with responding materials and then to file the documents with the Divisional Court with proof of service.
You can bring a motion to the Registrar of the Divisional Court, on ten days notice to the appellant, to dismiss the appeal for delay under the following circumstances:
When an appeal is perfected, the Registrar of the Divisional Court will place it on the list of cases to be heard and will mail a Notice of Listing for Hearing (Form 61G) to every person listed in the Certificate of Perfection. For an estimate of the amount of time before the appeal will be listed, contact the court office where the appeal is filed.
The time each party has to speak is strictly limited. A party can request a reasonable amount of time in the factum, but the court may provide less time. The judge or panel hearing the appeal will have prior access to the factums, so consider that when you estimate your request for time.
Yes. With rare exceptions, court proceedings are open to the public. You can contact the court office to determine when Divisional Court appeals are being heard.
To get ready for the hearing:
If you have prepared your case well, you will be much more relaxed in court and you will be able to present your case to your best advantage.
When you are in court:
There are signs posted in the courthouse about other behaviours which are not permitted. You should follow these guidelines to show respect for the court.
If you cannot attend at your appeal hearing, the appeal may be decided in your absence without your input. Since the date for the hearing is set well in advance, adjournments are rare. If you are unable to attend, contact the court office as soon as possible for assistance.
At the hearing, the judge(s) will hear from the parties. The appellant is first to speak, followed by the respondent(s). The appellant can then reply, but not to repeat anything already covered. The purpose of reply is only to address issues raised by the respondent(s) that the appellant did not address initially. The judge(s) will usually ask questions of all parties throughout the hearing.
Generally, you cannot introduce new evidence and there are no witnesses allowed on an appeal. However, in limited situations, you may bring a motion to the judge(s) hearing your appeal to receive further evidence under Rule 61.16(2) and section 134(4)(b) of the Courts of Justice Act. Such motions involve specific procedures that are not covered in this guide (see Rule 37). If you are unsure how to proceed, you should consult a lawyer.
The judge(s) hearing the appeal may decide the appeal immediately or “reserve” the decision (i.e. deliver it at a later time).
An appeal may be allowed or dismissed. If an appeal is allowed, the panel will set aside the decision under appeal and may order a new hearing or, in appropriate circumstances, substitute its own decision. If an appeal is dismissed, the original decision stands and any stay is lifted.
Decisions of the Divisional Court may be appealed to the Court of Appeal for Ontario with leave of that court, except if the original order was made under Part V or VIII of the Child, Youth and Family Services Act, 2017 (child protection, adoption and openness matters), in which case leave is not required. Refer to section 6 of the Courts of Justice Act and Rule 61.03.1 of the Rules for more information.
Yes. Your appeal may be dismissed for delay by the Registrar if the appeal is not set down for hearing or completed within five (5) years of filing the Notice of Appeal (form 61A).
If you receive a dismissal order from the Registrar that your Appeal was dismissed and you believe that this order was made in error, please contact the Divisional Court office where you filed your appeal. For more information on dismissal for delay, see the guide What can I do if my appeal to the Divisional Court is dismissed for delay or dismissed as abandoned.The information contained in this guide is only an overview of the relevant legislation and rules of procedure. It is not intended to be a substitute for the Rules of Civil Procedure, which should be examined for specific information. If the information in this chart conflicts with the Rules, the Rules govern. Certain special timelines apply to appeals under the Child, Youth and Family Services Act, 2017 (CYFSA). Rule 38 of the Family Law Rules should be examined for specific information.
Document |
Required to serve the other party(ies) |
Required to file with the court |
# copies filed with court |
Fee for filing |
Deadlines |
Colour of covers |
Rule |
Form |
---|---|---|---|---|---|---|---|---|
Notice of Appeal |
Yes |
Yes |
1 |
Yes |
Serve within 30 days of the final order; file within 10 days of service. If leave was obtained: Serve and file within 7 days of leave being granted. CYFSA: Serve within 30 days of final order, with Notice of Motion for Leave to Appeal. |
n/a |
61.04 |
61A |
Appellant’s Certificate Respecting Evidence |
Yes |
No, but preferred. |
1 |
No |
Same as above. |
n/a |
61.05 |
61C |
Respondent’s Certificate Respecting Evidence |
Only required to serve if filed. |
No, unless further evidence is sought. |
1 |
No |
If needed, within 15 days after service of the Appellant’s Certificate. |
n/a |
61.05 |
61D |
Appeal Book and Compendium |
Yes |
Yes |
1 or 3* |
No |
No transcript: within 30 days after filing the Notice of Appeal (CYFSA: 14 days). Transcript: within 60 days after notice of completion of transcript (CYFSA: 30 days). |
Buff |
61.10 |
61H |
Exhibit Book |
Yes, unless parties agree no exhibits required. |
Yes, unless parties agree no exhibits required. |
1 |
No |
Same as above. |
Buff |
61.10.1 |
|
Appellant’s Factum |
Yes |
Yes, plus an electronic version. |
1 or 3* |
No |
Same as above. |
White |
61.11 |
|
Transcript of evidence |
Yes, if a transcript is required. |
Yes, if a transcript is required. Plus an electronic version if available. |
1 |
No |
A Certificate of Ordering a Transcript for Appeal must be filed within 30 days after filing the Notice of Appeal. The transcript itself must be served and filed within 60 days after notice of its completion. |
Red |
4.09 61.05 61.09 |
|
Certificate of Perfection |
No |
Yes |
1 |
Yes |
No transcript: within 30 days after filing the Notice of Appeal (CYFSA: 14 days). Transcript: within 60 days after notice of completion of transcript (CYFSA: 30 days). |
n/a |
61.09 |
|
Respondent’s Factum |
Yes |
Yes, plus an electronic version. |
1 or 3* |
No |
Serve and file within 60 days after service of appeal book and compendium, exhibit book, transcript of evidence (if any), and appellant’s factum. CYFSA: Serve and file within 30 days of service of the appellant’s final documents. |
Green |
61.12 |
|
Respondent’s compendium |
Yes, if there is one. |
Yes, if there is one. |
1 or 3* |
No |
Same as above. |
Buff |
61.12 |
|
Appellant’s book of authorities |
No |
No |
1 or 3* |
No |
With the factum, or not later than the Monday of the week preceding the hearing. |
White |
n/a |
|
Respondent’s book of authorities |
No |
No |
1 or 3* |
No |
Same as above. |
Green |
n/a |
* For hearings before a single judge, one copy is required. For hearings before a panel of three judges, three copies are required
When calculating timelines in the Rules of Civil Procedure, count the days by excluding the first day and including the last day of the period; where a period of less than seven days is prescribed, holidays (including Saturdays and Sundays) shall not be counted; if the last day of the period of time falls on a holiday, the period ends on the next day that is not a holiday.
Holidays include:
NOTE: If New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday. If Christmas Day falls on a Saturday or Sunday the following Monday and Tuesday are holidays, and if Christmas Day falls on a Friday, the following Monday is a holiday.
These individuals are authorized to commission oaths.
You should come to the commissioner with identification and the unsigned document. The commissioner will ask you to swear or affirm that the information in the affidavit is true and will ask you to sign the affidavit. The affidavit must be signed in front of the commissioner, since they will certify that it was sworn or affirmed in their presence. Effective August 1, 2020, Ontario commissioning legislation permits the practice of remote commissioning. For more information, review the Commissioners for Taking Affidavits Act and the Ministry of the Attorney General’s Guide for Newly Appointed Commissioners for Taking Affidavits.
NOTE: It is a criminal offence to swear or affirm an affidavit you know is false.