![]() Rule 61.09(3)(c) of the Rules of Civil Procedure explains the information you should include in your Certificate of Perfection. Once those documents are filed, the last step is to file a Certificate of Perfection, which indicates you have served and filed all the necessary documents. Proof of service should be in the form of an affidavit ( Form 16B), indicating when, where, and how the documents were served, or an admission by the party receiving the documents that they have been served. You must serve these documents on the respondent first, and then file them with the Court of Appeal along with proof of service. In civil appeals, you must file an appeal book and compendium, an exhibit book, a factum, and transcripts of evidence (if any). 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. In addition to the documents required to start an appeal, other documents are required to “perfect” the appeal. The Court has also issued a Practice Direction Concerning Criminal Appeals at the Court of Appeal for Ontario with further information. Procedures for criminal motions are governed by the Criminal Appeal Rules. The court has also issued a Practice Direction Concerning Civil Appeals at the Court of Appeal for Ontario with further information. Procedures for civil motions at the Court of Appeal are governed by rule 61.16 of the Rules of Civil Procedure. ![]() Materials to be used on a motion must be served on the opposing party and filed with the Court. The filing requirements may be flexible depending on the nature of the motion and the circumstances of your case. The materials to be filed on a motion typically include a Notice of Motion ( Form 37A), a motion record, transcripts (if any), and a factum. For example, motions for leave to appeal in most civil proceedings are heard by a panel of three judge in writing, without oral argument. Most motions are heard by a single judge, though there are certain types of motions that must be heard by a three-judge panel. ![]() 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. In criminal proceedings, you generally have a right of appeal to the Court of Appeal in respect of indictable offences. 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. In some cases, you may require leave (or permission) to appeal. 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. You do not have an automatic right of appeal to the Court of Appeal in every case. In addition to appeals under the Criminal Code, the Youth Criminal Justice Act, and other federal criminal legislation, the Court also deals with appeals from convictions, acquittals and sentences under provincial regulatory legislation, like highway traffic laws, environmental protection laws, and workplace safety laws. It also hears appeals involving the review of the decisions of provincial tribunals and administrative action.Ĭriminal appeals involve a consideration of whether an acquittal or conviction reflects an error in law or is supported by the evidence, and/or whether a sentence is appropriate in the circumstances. ![]() The Court is regularly called upon to consider the fundamental rights of Ontarians arising out of the Canadian Charter of Rights and Freedoms. The Court of Appeal hears both civil and criminal appeals.Ĭivil appeals deal with subject areas such as commercial disputes, property disputes, family disputes, labour and employment disputes, and bankruptcies and corporate re-organizations.
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