What is an Exhibit Book at Divisional Court in Ontario?

KPA Lawyers – March 27, 2019

Although the Divisional Court hears appeals from many types of courts and tribunals, if you are specifically interested in appealing a decision of the Small Claims Court, then we recommend reading How to appeal a Small Claims Court case in Ontario before reading this article.

The Exhibit Book is a tabbed and bound document that contains necessary documents that support your appeal. It is required under Rule 61.09(3)(ii) of the Rules of Civil Procedure. It must be bound on the front and the back. The correct colour of the covers are “buff“.

When you file your Exhibit Book in Divisional Court, you must give three copies to the Court but only if your appeal is going to be in front of a panel of three Judges. Sometimes, your appeal will only be heard by one Judge, so you will only need to provide one copy. Remember to number each of the pages and also use numbered tabs arranged in the following order:

  • a table of contents describing each exhibit by its nature, date and exhibit number or letter;
  • any affidavit evidence, including exhibits, that the parties have not agreed to omit;
  • transcripts of evidence used on a motion or application that the parties have not agreed to omit; and
  • a copy of each exhibit filed at a hearing or marked on an examination that the parties have not agreed to omit, arranged in order by date (or, if there are documents with common characteristics, grouped in order by date) and not by exhibit number.

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