Books of Authorities
40.12 (1) Books of authorities shall be served and filed by the appellant at the time of filing the appellant’s factum.
(2) The books of authorities shall contain only those authorities that the parties intend to refer to in oral argument.
(3) The portions of the authorities to which reference may be made in oral argument shall be highlighted or sidebarred.
(4) The copies of the authorities shall be legible, and may be printed on both sides of each page.
(5) Books of authorities shall be served and filed by the respondent and other parties to the appeal at the time of filing the respondent’s or other party’s factum, and shall not contain any authorities in the appellant’s book of authorities.
40.13 (1) An appeal is perfected when:
(a) the material described in subsection 821(1) of the Code and in subrule 40.07(2) has been received by the clerk of the appeal court;
(b) a copy of the transcript, agreed statement of facts, if any, and appeal book have been received by the clerk of the appeal court, or a judge has made an order dispensing with the filing thereof;
(c) any application made under subsection 822(4) of the Code and rule 40.16 has been dismissed; and,
(d) the appellant has filed his or her factum.
Consequences of Perfecting Appeal
(2) When an appeal is perfected, it is ready for hearing and may be entered on a list for hearing.
Fixing Date for Hearing
40.14 When an appeal is listed for hearing, the clerk of the appeal court shall contact the parties and fix the date for the hearing of the appeal, or where dates are not so fixed, shall give notice to the parties of a date at which the parties shall appear before a judge, for the purpose of scheduling a date for the hearing of the appeal.
Appeals in Writing
Notice of Intention
40.15 (1) Where an appellant in an appeal wishes to present his or her case on appeal and argument in writing, the appellant shall give notice of such intention in Form 2B within the time and in the manner prescribed in subrule 40.10(1) respecting appeal books.
Materials to be Filed
(2) On an appeal in writing, the appellant shall serve and file transcripts of evidence (if any), appeal books and all other material, except factums, within such time and within such manner as would be required if the appeal were to be heard with oral argument and shall further serve and file his or her written argument within 90 days of the appeal being perfected.
Consideration of Materials Filed
(3) The material on the appeal in writing shall be considered by a judge in chambers who may give directions as to whether the respondent should be requested to serve and file written argument and prescribe the times for doing so as well as for the service and filing of any reply in writing by the appellant.
(4) Where the judge in chambers considers that no written argument from the respondent is required, he or she shall prepare written reasons for dismissing the appeal.
(5) Where the judge in chambers directs that the respondent provide written argument and the appellant written argument in reply, the appeal shall be considered by the judge in chambers who required argument, or any other judge, who shall give written reasons for his or her decision.
(6) The reasons described in subrules (4) and (5) shall be dealt with as if they were a reserved judgment.
- Date modified: