Responding To An Appeal

Responding To An Appeal

If you have been served a notice of appeal or application for leave to appeal, you have 10 days to file and serve a notice of appearance if you intend to participate in the appeal or application.

After this, if the appellant has an automatic right of appeal or is granted leave to appeal an order, the appellant must file and serve an appeal record, may file and serve a transcript, and must file and serve the appeal book.

The appellant will also serve you their factum, and you then have 30 days from the date you are served to file and serve your responding factum.

If you are relying on authorities, i.e., case law, you will need to file and serve books of authorities at least 30 days before the hearing.

Timelines

If the appellant has not complied with the Court of Appeal Act or Rules in filing and serving required documents, you may apply to the Court to dismiss their appeal as abandoned for failing to comply with the Act or Rules. However, the appellant may also apply to the Court for an extension of time to file or do an action in compliance with the Act or Rules.