Court of Appeal Motions & Appeals
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Responding to Appeal Motions
Motions to dismiss, quash or for security for costs
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- Motion records for stay, leave and extension motions
- Exhibits and transcripts organized from the materials you send us
- Searchable, bookmarked, hyperlinked PDFs prepared for electronic filing
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Court of Appeal Document Services
Professional preparation for appeals & motions
Appeal Preparation
Appeal books, compendiums and factums prepared from your materials and instructions, with exhibits and transcripts organized.
Stay of Enforcement
Motion records for a stay pending appeal prepared, including your notice of motion and affidavit.
Leave to Appeal
Materials for motions seeking permission to appeal prepared, including the required forms and supporting materials.
Detailed Court Information
Read before you file
? Which Orders and Matters Reach the Court of Appeal?
Appeals from final orders of a judge of the Superior Court of Justice go to the Court of Appeal, except those routed to Divisional Court (e.g. final orders for a single payment of $50,000 or less, or made by an associate judge).
Courts of Justice Act, ss. 6 and 19A decision of the Divisional Court may be appealed to the Court of Appeal, with leave of the Court of Appeal, on a question that is not a question of fact alone.
Courts of Justice Act, s. 6(1)(a)Commercial disputes, property disputes, negligence and family matters, as well as judicial review.
Court of Appeal for OntarioAppeals from convictions, acquittals and sentences under the Criminal Code and the Youth Criminal Justice Act.
Court of Appeal for OntarioAppeals under regulatory legislation, including the Provincial Offences Act. See our provincial offences appeals guide.
Court of Appeal for OntarioAlongside appeals, the court hears motions — for a stay pending appeal, for leave, for an extension of time.
Court of Appeal for OntarioWhere the Court sits — the Court of Appeal for Ontario is one court for the whole province. Wherever your case started, the appeal is heard in Toronto.
Appeals from every Superior Court location in the province are heard at Osgoode Hall, 130 Queen Street West, Toronto.
The Chief Justice of Ontario, the Associate Chief Justice of Ontario and 31 other judges sit on the court.
Almost all appeals are heard by a panel of three judges; some are heard by five. Motions are usually heard by one judge.
The Court hears over 1,000 appeals and over 1,000 motions a year. For most Ontario litigants, this is the court of last resort.
Practice Directions and Civil Appeal Requirements
- General Practice Direction Regarding All Proceedings in the Court of Appeal
- Practice Direction Concerning Civil Appeals
- Practice Direction Concerning Criminal Appeals
- Guidelines for Filing Electronic Documents
- Reference Guide for Citation Practices
- Rules of Civil Procedure
What the civil practice direction actually requires
Factum limits
A factum cannot exceed 9,200 words and 40 pages, except with leave of the court — both limits apply.
Practice Direction Concerning Civil AppealsFactum preparation
12-point or larger, Arial or Times New Roman preferred, double-spaced except for quotations.
Appeal Book and Compendium
Mandatory. It carries the transcript excerpts that go to your grounds, the relevant exhibits, and the order under appeal.
Rules of Civil Procedure, rr. 61.10(1), 61.12(7)Exhibit Book
Required unless no exhibits were filed in the court below, or every exhibit is already in the Appeal Book.
Transcripts
A transcript of evidence means the oral testimony given before a judge. Usually only the portions the court needs are transcribed, and transcripts must be complete and accurate.
Book of authorities
Not needed to perfect, but file it with the factum or no later than one month before the hearing.
Time at the hearing
Single-judge motions: 15 minutes for the moving party, 10 for the responding party. Panel appeals get more, set by the Court.
Certificate of perfection
Filed with the Registrar once the record is complete. It is the document that tells the Court your appeal is ready to be scheduled.
? Frequently Cited Civil Authorities
- Housen v. Nikolaisen, 2002 SCC 33
- Waxman v. Waxman (2004), 186 O.A.C. 201
- H.L. v. Canada (Attorney General), 2005 SCC 25
- Hryniak v. Mauldin, 2014 SCC 7
- Bruno Appliance and Furniture, Inc. v. Hryniak, 2014 SCC 8
- Butera v. Chown, Cairns LLP, 2017 ONCA 783
- Hunt v. Carey Canada Inc., [1990] 2 S.C.R. 959
- R. v. Imperial Tobacco Canada Ltd., 2011 SCC 42
- Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53
- Bhasin v. Hrynew, 2014 SCC 71
- MacDonald v. Chicago Title Insurance Company of Canada, 2015 ONCA 842
- Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37
- Donoghue v. Stevenson, [1932] UKHL 100
- Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd., [1963] UKHL 4
- Anns v. Merton London Borough Council, [1977] UKHL 4
- Queen v. Cognos Inc., [1993] 1 S.C.R. 87
- Athey v. Leonati, [1996] 3 S.C.R. 458
- Hercules Managements Ltd. v. Ernst & Young, [1997] 2 S.C.R. 165
- Cooper v. Hobart, 2001 SCC 79
- Childs v. Desormeaux, 2006 SCC 18
- Syl Apps Secure Treatment Centre v. B.D., 2007 SCC 38
- Deloitte & Touche v. Livent Inc. (Receiver of), 2017 SCC 63
- Hill v. Church of Scientology of Toronto, [1995] 2 S.C.R. 1130
- Whiten v. Pilot Insurance Co., 2002 SCC 18
- Fidler v. Sun Life Assurance Co. of Canada, 2006 SCC 30
- Honda Canada Inc. v. Keays, 2008 SCC 39
- Boucher v. Public Accountants Council for the Province of Ontario (2004)
- Hamilton v. Open Window Bakery Ltd., 2004 SCC 9
- F.H. v. McDougall, 2008 SCC 53
- White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23
- Aetna Financial Services v. Feigelman, [1985] 1 S.C.R. 2
- RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311
- Celanese Canada Inc. v. Murray Demolition Corp., 2006 SCC 36
- Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27
- Bell ExpressVu Limited Partnership v. Rex, 2002 SCC 42
- Weber v. Ontario Hydro, [1995] 2 S.C.R. 929
- Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65
- Morguard Investments Ltd. v. De Savoye, [1990] 3 S.C.R. 1077
- Club Resorts Ltd. v. Van Breda, 2012 SCC 17
- Western Canadian Shopping Centres Inc. v. Dutton, 2001 SCC 46
- Hollick v. Toronto (City), 2001 SCC 68
- Rumley v. British Columbia, 2001 SCC 69
- Re Sault Dock Co. Ltd. and City of Sault Ste. Marie, [1973] 2 O.R. 479
- Iness v. Canada Mortgage and Housing Corporation (2002), 62 O.R. (3d) 255
- Peel (Regional Municipality) v. Great Atlantic & Pacific Co. of Canada Ltd. (1990), 74 O.R. (2d) 164
- Peixeiro v. Haberman (1994), 20 O.R. (3d) 666
- Authorson (Litigation Guardian of) v. Canada (Attorney General) (2001), 147 O.A.C. 355
- Childs v. Desormeaux (2003), 67 O.R. (3d) 385
- Bedford v. Canada (Attorney General), 2009 ONCA 669
The Court’s list also covers family law and mental health, and there is a separate List of Frequently Cited Criminal Authorities. Check the current version on the Court’s site before you rely on it — the list is updated from time to time.
Deadlines in a Civil Appeal
Serve the notice of appeal, together with the appellant’s certificate respecting evidence, within 30 days after the order was made — not 30 days from a later related order, such as a costs order. File it with proof of service within 10 days after service. (Practice Direction Concerning Civil Appeals, s. 6.1; rr. 61.04–61.05)
The respondent’s certificate respecting evidence is served within 15 days of service of the appellant’s certificate. A notice of cross-appeal is served within 15 days after the notice of appeal was served, and filed with proof of service within 10 days after service. (Practice Direction, s. 11.3; r. 61.07)
With no transcript, perfect the appeal within 30 days after filing the notice of appeal. With a transcript, file proof that it was ordered within 30 days after filing the notice of appeal, then perfect within 60 days after receiving notice that it is complete. CYFSA appeals: 14 and 30 days. (r. 61.09(1); Court of Appeal civil appeal guide)
The respondent’s factum and compendium are served and filed within 60 days after service of the appeal book and compendium, exhibit book, transcript (if any) and appellant’s factum — 30 days in CYFSA appeals. (r. 61.12; Court of Appeal civil appeal guide)
Serve the notice of motion for leave within 15 days after the order and file it within 5 days of service. The motion record and factum are served and filed within 30 days after the notice of motion is filed; the responding party has 25 days, and a reply factum is due within 10 days after service of the responding factum. If leave is granted, the notice of appeal is served and filed within seven days. (r. 61.03.1; Court of Appeal guides)
If a perfection deadline is missed, the respondent can move before the Registrar to dismiss the appeal for delay; if granted, costs are fixed at $750. The Registrar may also take steps to dismiss, with $750 costs, once an appeal is still unperfected one year after the notice of appeal was filed (six months in CYFSA appeals). (r. 61.13; Court of Appeal civil appeal guide)
The court’s filing stamp shows two dates. A deadline that ends with filing is met on the “SUBMITTED” date; a period that starts with filing — such as the time to perfect — runs from the “FILED” date, when the court accepts the document. Service by mail takes effect on the fifth day after mailing. (General Practice Direction, paras. 72–74; Practice Direction, s. 6.1)
No motion is needed to extend a filing deadline under the Rules if all parties consent; the Court’s guide asks for that consent in writing, signed by the respondent or their lawyer. Otherwise a single judge decides, and the motion record includes the proposed notice of appeal. A late motion for leave asks for the extension on Form 61A.1 itself. (Practice Direction, ss. 7.1.4, 7.1.5, 7.2.7)
Official Forms for Civil Appeals and Motions
- Form 61A.2 — Notice of Appeal to the Court of AppealForm 61A.2 starts a civil appeal. It must include a jurisdictional statement identifying the statutory basis for appealing to this court, and it is served together with the appellant’s certificate respecting evidence (Form 61C).
- Form 61A.1 — Notice of Motion for Leave to Appeal to the Court of AppealForm 61A.1 is used where an appeal needs leave, such as from an order of the Divisional Court. The motion is usually decided in writing by a panel of three judges, and the form has space to ask for an extension of time in the same motion.
- Form 61B — General Heading in Proceedings in Appellate CourtsForm 61B is the title of proceeding on appeal documents. Parties are listed in the same order as in the court appealed from, with the appellant and respondent clearly identified.
- Form 61C — Appellant’s Certificate Respecting Evidence · Form 61D — Respondent’s Certificate Respecting EvidenceForm 61C is served with the notice of appeal and sets out the portions of the evidence from the hearing below that the appellant considers necessary for the appeal. Form 61D is the respondent’s answer, served within 15 days of service of the appellant’s certificate. Both are on the Rules of Civil Procedure forms list.
- Form 61E — Notice of Cross-Appeal · Form 61F — Supplementary Notice of Appeal or Cross-AppealA respondent who wants the order set aside or varied serves a notice of cross-appeal. Form 61F changes a notice of appeal or cross-appeal before the appeal is perfected; after perfection, leave of the court is needed. Both are on the forms list.
- Form 61H — Certificate of Completeness of Appeal Book and CompendiumForm 61H is the last item in the appeal book and compendium, stating that its contents are complete and legible.
- Certificate of Perfection — rule 61.09(3)(c)Not a numbered form, but it must be filed with the Registrar before the appeal is perfected and served on the other parties. It states that the appeal book and compendium, exhibit book, transcripts (if any) and appellant’s factum have been filed, and gives the name, address and telephone number of each party’s lawyer — or of each self-represented party — and of anyone entitled to be heard on the appeal. The Court’s civil appeal guide describes it.
- Form 61K — Notice of Abandonment of Appeal or Cross-AppealForm 61K ends an appeal or cross-appeal. If no response to it was filed, there are no costs unless a judge orders otherwise; if a response was filed, the party that filed it receives costs. The same form, with necessary modifications, is used to abandon a motion.
- Form 61M — Notice of Motion Before a Single Judge – Court of AppealForm 61M is for motions heard by one judge, such as extensions of time and stays. It must state the single judge’s jurisdiction to hear the motion and grant the relief asked for.
- Form 61O — Notice of Motion Before a Panel – Court of AppealForm 61O is for motions heard by three judges, such as motions to quash an appeal, to set aside or vary a single judge’s decision, or to admit fresh evidence. It must state the panel’s jurisdiction.
- Forms 16B, 4C, 4D and 15CAffidavit of Service (16B) proves service; the Court’s civil appeal guide says all documents must contain a Backsheet (4C); an Affidavit (4D) supports a motion — for example, a motion to extend the time to appeal; and the Notice of Intention to Act in Person (15C) is also listed in the Court’s guides. All are on the forms list.
- Other Rule 61 formsForm 61L — Notice of Election to Proceed with Cross-Appeal; and the orders used when a matter is dismissed for delay: Form 61I (appeal or cross-appeal), Form 61J (motion for leave to appeal) and Form 61J.1 (motion).
- Counsel Slip and Hearing Information Form — Court of Appeal formRequired for every appeal and motion; the courtroom registrar uses the phone number and email on it if someone has trouble connecting to a virtual hearing. For appeals and panel motions it is due at least 10 business days before the hearing. On a single-judge motion, the moving party submits it with the notice of motion and the responding party 24 hours before the hearing, excluding weekends and holidays. If anything changes, an updated form is filed immediately. Counsel Slip and Hearing Information Form (Word).
- Joint Request for Pre-Hearing Settlement Conference Form — Court of Appeal formUsed when all parties to a family law appeal jointly ask for a voluntary pre-hearing settlement conference with a judge. It goes to the Court’s Executive Legal Officer, and the request does not pause the Rule 61 deadlines. Joint Request form (PDF).
- Not used in this courtForm 37B (Confirmation of Motion): rule 61.16(1.1) provides that the confirmation-of-motion rule does not apply to motions in the Court of Appeal. Forms 61A and 61A.3 are Divisional Court forms — leave to appeal and notice of appeal to that court.
The Steps of a Civil Appeal, in Order
- 1. Confirm the routeThere is no common law or inherent right of appeal, so the notice of appeal includes a jurisdictional statement: the statute that gives the right of appeal, whether the order is final or interlocutory, and — for an order only for the payment of money — whether section 19(1.2) of the Courts of Justice Act sends it to the Divisional Court instead. Family law appeals also check section 19(1)(a.1).
- 2. Serve and file the notice of appealServe Form 61A.2 with Form 61C within 30 days, then file them with proof of service through the Ontario Court of Appeal Public Portal within 10 days and pay the filing fee. Filing the reasons for decision with the notice is encouraged, and a self-represented party puts a telephone number, mailing address and email address (if any) on every document filed.
- 3. The respondent’s answerWithin 15 days of service, the respondent may serve a respondent’s certificate respecting evidence (Form 61D) and, to ask for a different result, a notice of cross-appeal (Form 61E).
- 4. TranscriptsThe certificates respecting evidence settle which oral evidence is transcribed; in the vast majority of appeals it is not necessary to transcribe all the testimony. Proof that the transcript was ordered is filed within 30 days after filing the notice of appeal, and transcripts are generally completed within 90 days of being ordered.
- 5. Perfect the appealServe the appeal book and compendium, exhibit book, transcript and appellant’s factum, then file them with proof of service, the certificate of perfection and the perfection fee. The perfected appeal goes on the list of appeals ready for hearing.
- 6. The respondent’s materialsThe respondent serves and files its factum and compendium within 60 days after service of the appellant’s perfected materials.
- 7. Scheduling and the hearingMost civil appeals are heard within four to six months of perfection. Family law appeals, CYFSA appeals and appeals that may delay an ongoing proceeding are expedited — usually heard within three months. Before scheduling, the court reviews the time estimate certified in the factum and sets each party’s argument time, and weekly hearing lists showing the panel are posted by Friday at noon the week before.
- 8. Decision and costsThe panel may decide at the end of the hearing or reserve its decision. Signed reasons are emailed to lawyers and self-represented parties who gave an email address, and posted on the court’s website. After a reserved decision, unless the court directs otherwise, costs submissions are due 7 days after release, the response 14 days after and any reply 17 days after. The normal recourse from the decision is an application for leave to appeal to the Supreme Court of Canada.
Motions: Leave to Appeal, Stays, Extensions and More
One judge or three?
A panel of three hears motions to quash an appeal, motions to set aside or vary a single judge’s decision, motions to admit fresh evidence and — in writing — most motions for leave to appeal. Motions to extend the time to appeal or to perfect, to expedite an appeal, or to stay the order under appeal are single-judge motions.
Practice Direction, ss. 7.2.1, 7.2.7 · Courts of Justice Act, ss. 7(5), 134(3), 134(4)(b)Single-judge motions
Form 61M, with a statement of the single judge’s jurisdiction. The moving party chooses the date and serves and files the notice of motion and motion record at least seven days before it. A factum is optional and limited to 15 pages — the moving party’s is due at least seven days before the hearing, a responding factum at least four days before. Reply factums are not accepted, and no confirmation of motion is filed.
Practice Direction, ss. 7.1.2–7.1.6 · r. 61.16(1.1)Panel motions
Form 61O. The court fixes the date after the moving party files the motion record, factum and any transcript; the responding party has 25 days after service to file its materials. Factums should usually be 10 pages or less, and cannot exceed 30 pages without an order. Oral argument: 15 minutes, 10 minutes, and 5 minutes for reply.
Practice Direction, ss. 7.2.2–7.2.4 · r. 61.16(4)(b)When leave to appeal is needed
For an appeal from an order of the Divisional Court (on a question that is not a question of fact alone), a costs decision in a final order of a Superior Court judge (except where the judgment does not exceed $50,000), and orders under statutes that require leave.
Courts of Justice Act, s. 6(1)(a) · Court of Appeal civil appeal and leave guidesThe leave motion record and factum
The motion record holds a table of contents, the notice of motion, the order appealed from as issued and entered, the reasons, the affidavits and other material used below, a list of relevant transcripts and anything else needed. The factum — limited to 30 pages — sets out in Part III the specific questions the court would answer if leave is granted.
r. 61.03.1 · Practice Direction, s. 7.2.7 · Court of Appeal leave guideExtensions and consent orders
Consent or unopposed orders are requested with a notice of motion, the draft order, proof of consent and a letter or affidavit explaining why; if a judge is satisfied, the order usually issues within 2–3 business days. A contested extension of time to appeal goes to a single judge, with the proposed notice of appeal and a supporting affidavit.
Practice Direction, ss. 7.1.4–7.1.5 · Motions Tip Sheet · Court of Appeal FAQStays pending appeal
Delivering a notice of appeal automatically stays any part of an order for the payment of money, except support. Where an order is not automatically stayed, a single judge can be asked for a stay; a motion can also ask to lift an automatic stay. A motion to stay an eviction order while leave is sought is served and filed at least seven days (excluding weekends and holidays) before the hearing.
Rules of Civil Procedure, rule 63 · Motions guide · Motions Tip SheetQuashing and fresh evidence
A motion to quash for lack of jurisdiction is scheduled early; one arguing that the appeal has no merit is heard with the appeal. Proposed fresh evidence is filed in a volume titled “Fresh Evidence Tendered by the Appellant” (or “by the Respondent”), with a factum on admissibility.
Practice Direction, ss. 7.2.5–7.2.6What Goes in the Appeal Book, Compendium, Exhibit Book and Transcripts
Appeal book and compendium, in order
Table of contents; the notice of appeal and any cross-appeal or supplementary notice; the order appealed from as signed and entered; the reasons (with a typed copy if handwritten); any earlier order or decision that was the subject of the hearing below; the pleadings or notice of application; the transcript excerpts, exhibits and other documents referred to in the appellant’s factum; the certificates or agreement respecting evidence; any order about the conduct of the appeal; and the Form 61H certificate.
r. 61.10(1) · Court of Appeal civil appeal guideEnough context
Extracts should include as much surrounding material as is needed to understand the passage relied on. Where the proceeding below ran wholly or partly on affidavit evidence, all relevant affidavits and their exhibits must appear in the appeal book and compendium or the respondent’s compendium. In a civil jury appeal about the charge, the trial judge’s charge is included.
Practice Direction, s. 11.6Respondent’s compendium
Holds the documents the respondent’s factum refers to that are not already in the appellant’s appeal book and compendium. Filing an appeal book and compendium and a respondent’s compendium is mandatory in all civil matters unless a judge grants relief on a motion under rule 61.09(4).
r. 61.12(7) · Practice Direction, s. 11.6Exhibit book
Consecutively numbered pages with numbered tabs: a table of contents describing each exhibit by nature, date and exhibit number or letter, then the affidavit evidence with its exhibits, the transcripts of evidence used on a motion or application, and each exhibit filed at a hearing or marked on an examination — except anything the parties have agreed to omit. Where none is needed, the certificate of perfection says why — no exhibits were filed, or all the exhibits required are in the appeal book and compendium.
r. 61.10.1 · Practice Direction, s. 11.6What trial transcripts leave out
Unless a judge orders otherwise: challenges to the jury array or jurors, opening addresses, proceedings and argument in the jury’s absence (except objections to the charge and the rulings on them), and objections to evidence — only a note that one was made, though the ruling is transcribed. Where the facts aren’t disputed, an agreed statement of facts can take the place of a transcript. The court may impose costs sanctions if evidence is transcribed unnecessarily.
Practice Direction, s. 11.3Transcript timing
Transcripts are generally completed within 90 days of being ordered. The authorized court transcriptionist is asked to file a certificate when a transcript is ordered and another when it is complete; overdue transcripts can be referred to a status court hearing. The appellant files an electronic version with the court.
Practice Direction, ss. 11.4–11.5Electronic volumes
Appeal books, compendiums and exhibit books need bookmarks showing each tab number and document name, and an index with internal hyperlinks. Files must be text-searchable (scanned pages need OCR), and no file may exceed 512 MiB or 500 pages — longer records are filed in volumes. Hyperlinks from one filed document to another are not permitted.
General Practice Direction, paras. 8, 10, 11, 27Relief from the requirements
If it is necessary in the interest of justice, a single judge can give directions varying the material that must be served and filed to perfect an appeal, on a motion under rule 61.09(4).
Practice Direction, s. 11.1 · Court of Appeal civil appeal guideFactum Contents, Certificates and Books of Authorities
Appellant’s factum — Parts I to V
Part I identifies the appellant and the court appealed from and states the result there; Part II is a concise overview of the case and issues; Part III summarizes the relevant facts with references to the transcript and exhibits; Part IV states each issue followed by concise argument on the law; Part V states the order requested, including costs. Schedule A lists the authorities and Schedule B sets out the relevant statutory text.
r. 61.11 · Court of Appeal civil appeal guideRespondent’s factum
Part I is a short overview; Part II addresses the appellant’s facts — those accepted and disputed — and any additional facts; Part III gives the respondent’s position on each of the appellant’s issues; Part IV raises any additional issues; Part V states the order requested, including costs. Schedules A and B follow.
r. 61.12 · Ontario’s Divisional Court appeals guide, Part FiveThe signed certificate
It gives a realistic estimate of the time for oral argument, not counting reply, in hours or fractions of an hour; the number of words in the factum with a statement that it complies with the rule or a court order; and confirmation that the signer is satisfied every authority listed in Schedule A is authentic.
rr. 61.11–61.12 (O. Reg. 383/23; O. Reg. 384/24) · Practice Direction, s. 12.2What counts toward the word limit
Every word in Parts I to V, including words in citations, footnotes, headings, charts, diagrams and other visual aids. Schedules are not counted.
rr. 61.11(4), 61.12(5.2) · General Practice Direction, para. 20Authorities presumed authentic
An authority published on a government website or by a government printer, on CanLII, on a court’s website or by a commercial publisher of court decisions is presumed authentic, absent evidence to the contrary.
rr. 61.11(5), 61.12(5.3)Longer factums, links and bans
A factum over 9,200 words or 40 pages needs permission from a single judge on motion. Cited cases should be hyperlinked to court websites or CanLII, or to Quicklaw or Westlaw if not available there. If the factum refers to information under a publication ban or sealing order, the front cover must say so prominently.
Practice Direction, s. 11.7 · General Practice Direction, para. 19Books of authorities — contents
For authorities on the Court’s List of Frequently Cited Civil Authorities, include only the headnote and the passages relied on. Mark the passages relied on in each authority, separate authorities with tabs, add a table of contents, and label the book “Joint”, “Appellant’s” or “Respondent’s” Book of Authorities.
Practice Direction, s. 11.8Which version of a case, and the e-book
The order of preference for the copy of a case: the court’s own website (preferably PDF), CanLII, official or semi-official reporters, unofficial reporters, then subscription databases. The electronic book needs a bookmark with each case name and an index with internal hyperlinks; highlighting or side-barring the relevant passages is strongly encouraged.
Practice Direction, s. 11.8 · General Practice Direction, paras. 25–26Filing Through the Public Portal, Fees and Hearings
What the portal does
Parties use it to file documents, pay filing fees or request a fee waiver, and get hearing information about their case. Sealed material and videos are not uploaded directly: a placeholder document with a description of the material and a file-sharing link is filed instead, and some sensitive material needs directions from the Deputy Registrar first.
Notice: Launch of the Public Portal · General Practice Direction, s. II.DCivil files are publicly viewable
Any member of the public can use the portal to view information about most civil cases. For the time being, this feature is not available for criminal or family law cases.
Notice: Launch of the Public PortalFile names and signatures
File names must follow the naming conventions in Appendix B of the General Practice Direction, and materials that don’t meet the electronic filing requirements may be rejected. Electronic signatures — a scanned signed document, a pasted scanned signature, a touchscreen signature or a certificate-based digital signature — have the same effect as ink.
General Practice Direction, paras. 9, 12, 13Service by email
Unless the court orders otherwise, documents can be served by email, attached or through a file-sharing service; that is proper service unless the recipient shows otherwise. When a self-represented party is served by courier, the affidavit of service gives the date the courier received the document and the date it was delivered.
General Practice Direction, paras. 48–49 · Practice Direction, s. 5.2Filing fees
The Court’s fee schedule (in effect since January 1, 2023) lists $243 for a notice of appeal or cross-appeal, $339 for a notice of motion including a motion for leave ($134 in family matters), and $645 to perfect an appeal. Fees are paid through the portal, where a fee waiver can also be requested.
Court of Appeal Legislated Fees · General Practice Direction, para. 75 · Notice: Launch of the Public PortalHow hearings are held
Appeals and panel motions are heard in person unless the court directs otherwise, and parties still receive a Zoom link. Single-judge oral motions are heard by Zoom on Mondays, Tuesdays, Thursdays and Fridays and in person on Wednesdays, when free duty counsel is available and self-represented parties in that program attend in person. Leave motions under rule 61.03.1 are heard in writing unless the court directs otherwise.
General Practice Direction, paras. 81–83, 88, 96 · Practice Direction, s. 7.1.3Before the hearing
An optional oral hearing compendium — an outline of 500 words or less, extracts of the documents and cases to be referred to, or both — is served and filed at least five business days before the hearing. Consent adjournments more than three weeks out are requested by letter to the Appeal Scheduling Unit, and requests for more argument time go to the civil List Judge, whose decision is final.
General Practice Direction, paras. 30–31 · Practice Direction, ss. 12.2–12.3On the day
Courtroom doors open half an hour before court. On Zoom, all parties must be present for the check-in about 15 minutes before the start. Judges are addressed as “Justice” followed by their last name, and the appellant or moving party speaks first, then the respondent, then any reply.
Tips for Appearances · General Practice Direction, para. 111We are not lawyers or paralegals and we do not give legal advice.
Types of appeals heard in Divisional Court
Courts of Justice Act, ss. 6 and 19
Practice Direction Concerning Civil Appeals at the Court of Appeal for Ontario (amended April 2026)
General Practice Direction Regarding All Proceedings in the Court of Appeal for Ontario
Practice Directions, Rules and Forms — Court of Appeal for Ontario
How to Proceed with a Civil Appeal — Court of Appeal for Ontario
How to Proceed with a Motion for Leave to Appeal — Court of Appeal for Ontario
Bringing and Responding to Motions in Civil and Family Appeals — Court of Appeal for Ontario
Motions Tip Sheet — Court of Appeal for Ontario
Frequently Asked Questions and Terms — Court of Appeal for Ontario
Filing — Court of Appeal for Ontario
Notice to the Profession and Public: Launch of the Ontario Court of Appeal Public Portal
Legislated Fees — Court of Appeal for Ontario
Tips for Appearances — Court of Appeal for Ontario
Civil Rules Committee — Amendments to the Rules of Civil Procedure
List of Frequently Cited Civil Authorities — Court of Appeal for Ontario
Rules of Civil Procedure Forms — Ontario Court Forms
Rules of Civil Procedure, R.R.O. 1990, Reg. 194
Guide to Procedures in Divisional Court Appeals, Part Two: Starting an Appeal — Government of Ontario
Guide to Procedures in Divisional Court Appeals, Part Five: Responding to an Appeal — Government of Ontario
Information reviewed September 2026. Statutes, thresholds and practice directions change — confirm current requirements with the court or a licensed lawyer or paralegal before you file.
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