Criminal Proceedings Rules for the Superior Court of Justice (Ontario) (SI/2012-7)

Regulations are current to 2017-10-13 and last amended on 2014-01-01. Previous Versions

Amendment of Notice of Appeal

Supplementary Notice to be Served and Filed

  •  (1) A notice of appeal may be amended without leave, before the appellant’s factum has been filed, by serving on the parties on whom the notice was served a supplementary notice of appeal in Form 2A and filing it with proof of service.

Argument Limited to Grounds Stated
  • (2) No grounds other than those stated in the notice of appeal or supplementary notice of appeal may be relied on at the hearing of the appeal, except with leave of the judge hearing the appeal.

Relief Limited
  • (3) No relief other than that sought in the notice of appeal or supplementary notice of appeal may be sought at the hearing, except with the leave of the judge hearing the appeal.

Appeal Books

Service and Filing

  •  (1) The appellant, within 15 days after receiving notice that the transcript of evidence is ready, or where a transcript of evidence is not required on appeal, within 30 days after filing the notice of appeal, shall, unless otherwise ordered by a judge, serve on the respondent and any person entitled by order of a judge to be heard on the appeal, a copy of an appeal book and, at such time, shall file proof of service of the appeal book and a legible copy of the appeal book.

Where the appellant is not represented by counsel
  • (2) Where the appellant is not represented by counsel, a judge may require the respondent to prepare the appeal book.

Contents of Appeal Book
  • (3) The appeal book shall contain, in consecutively numbered pages arranged in the following order, a copy of:

    • (a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter;

    • (b) the notice of appeal and any supplementary notice of appeal;

    • (c) any direction or order made with reference to the appeal;

    • (d) the information, including all endorsements thereon or as adjuncts thereto;

    • (e) the formal order or decision appealed from, as signed and entered, if any;

    • (f) the reasons for judgment, if not included in the transcript of proceedings;

    • (g) any order for release from custody pending appeal;

    • (h) all documentary exhibits filed at the trial that the parties have not agreed to omit, arranged in order by date or, where there are documents having common characteristics, arranged in separate groups in order by date;

    • (i) all notices of application filed at or before the trial;

    • (j) all maps, plans, photographs, drawings and charges that were before the summary conviction court and are capable of reproduction that the parties have not agreed to omit;

    • (k) the agreed statement of facts, if any;

    • (l) where there is an appeal as to sentence, the pre-sentence report, the criminal record of the appellant, and any exhibits filed on the sentencing proceedings;

    • (m) the certificates respecting evidence referred to in subrule 40.08(1).

Non-Compliance with Rules
  • (4) The clerk of the appeal court may refuse to accept an appeal book which does not comply with this rule or is not legible and the appeal book shall not be filed except by leave of a judge.

Relief from Compliance
  • (5) Where compliance with this rule would cause undue expense or delay, a judge may give special directions.

  • SI/2014-5, s. 24.

Facta

General Requirement

  •  (1) Except in appeals in writing under rule 40.15 or except where a judge has made an order under subrule 40.03(2), all parties to the appeal and persons who have been granted the right to be heard shall deliver a factum to be entitled and described on its cover as “Appellant’s Factum”, “Respondent’s Factum”, “Intervenor’s Factum”, or as the case may be.

Signatures
  • (2) All facta shall be signed by a counsel or on a counsel’s behalf by someone specifically authorized to do so or, where a party is not represented by counsel, by the appellant or respondent, as the case may be, and the signature shall be followed, where applicable, by the typed name of the counsel.

Non-Compliance with Rules
  • (3) The clerk of the appeal court may refuse to accept a factum which does not comply with this rule as to timing, form or content or is not legible and the factum shall not be filed except by leave of a judge.

Appellant’s Factum
  • (4) An appellant shall prepare an “Appellant’s Factum” not exceeding 20 numbered pages in length, excluding the schedule referred to in paragraph (5)(f) and, within 90 days of receiving the Court Reporter’s Completion Certificate under subrule 40.08(20), shall file a copy, together with proof of service thereof, on all other parties and persons who have been granted the right to be heard on the appeal.

  • (5) Except in appeals from sentence only, the appellant’s factum shall consist of:

    • (a) Part I, entitled “Statement of the Case”, which shall contain a statement identifying the appellant, the court in which the proceedings arose, the nature of the charge or charges, the result in that court and the nature of each order to which the appeal relates;

    • (b) Part II, entitled “Summary of the Facts”, which shall contain a concise summary of the facts relevant to the issues on the appeal, with such references to the evidence by page and line, or paragraph, as the case may be, as may be necessary;

    • (c) Part III, entitled “Issues and the Law”, which shall contain a statement of each issue raised, immediately followed by a concise statement of the law and any authorities relating to that issue;

    • (d) Part IV, entitled “Order Requested”, which shall contain a statement of the order that the court will be asked to make;

    • (e) Part V, entitled “Time Estimates”, which shall contain the appellant’s time estimate for oral submissions for:

      • (i) each appellant,

      • (ii) each respondent, and,

    • (f) a schedule, entitled “Authorities to be Cited”, which shall contain a list of the authorities (with citations) to which reference was made in Part III and in the order in which they there appear in paragraphs numbered consecutively throughout the factum.

Respondent’s Factum
  • (6) A respondent shall prepare a “Respondent’s Factum” not exceeding 15 numbered pages in length, excluding the schedule referred to in paragraph (7)(f), and shall file, not later than 10 days before the week the appeal is scheduled to be heard, a copy, together with proof of service thereof on all other parties and persons who have been granted the right to be heard on the appeal.

  • (7) Except in appeals from sentence only, the respondent’s factum shall consist of:

    • (a) Part I, entitled “Respondent’s Statement as to Facts”, which shall contain a statement of the facts in Part II of the appellant’s factum that the respondent accepts as correct and those facts with which the respondent disagrees and a concise summary of any additional facts relied on, with such reference to the transcript evidence by page and line or paragraph, as the case may be, as is necessary;

    • (b) Part II, entitled “Response to Appellant’s Issues”, which shall contain the position of the respondent with respect to each issue raised by the appellant, immediately followed by a concise statement of the law and the authorities relating to that issue;

    • (c) Part III, entitled “Additional Issues”, which shall contain a statement of any additional issues raised by the respondent, immediately followed by a concise statement of the law and the authorities relating to that issue;

    • (d) Part IV, entitled “Order Requested”, which shall contain a statement of the order that the court will be asked to make;

    • (e) Part V, entitled “Time Estimates”, which shall contain the respondent’s time estimates for oral submissions for:

      • (i) each respondent,

      • (ii) each appellant, and

    • (f) a schedule, entitled “Authorities to be Cited”, which shall contain a list of the authorities (with citations) referred to in the order in which they appear in Parts II and III in paragraphs numbered consecutively throughout the factum.

  • (8) The facta shall be printed on good quality white paper 216 millimetres by 279 millimetres in size, and the text shall be printed, typewritten, written or reproduced legibly on one side only, with double spaces between lines, except for quotations which may be single spaced, and margins of approximately 40 millimetres on the left-hand side.

  • (9) The characters used shall be at least 12 points or 10 pitch size.

  • (10) Back sheets and covers shall be of 176 g/m2 cover stock.

  • (11) The appellant’s factum shall be bound front and back in blue cover stock, the respondent’s factum shall be bound front and back in green cover stock, and the intervenor’s factum shall be bound front and back in grey cover stock.

Appeals from Sentence Only
  • (12) For an appeal from sentence only, the factum submitted by the appellant (other than the Attorney General) shall be in Form 19.

  • (13) Where the Attorney General is the appellant, such changes shall be made in the form of the factum as may be required.

  • SI/2014-5, ss. 25, 33(E).
 
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