KPA Lawyers - March 26, 2019
Although the Divisional Court hears appeals from many types of courts and tribunals, if you are 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.
An Appeal Book and Compendium is a tabbed and bound document that contains necessary documents that support your appeal. It is required under Rule 61.09(3)(i) 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 Appeal Book and Compendium 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 document by its nature and date;
- a copy of the notice of appeal and of any notice of cross-appeal or supplementary notice of appeal or cross-appeal;
- a copy of the order or decision appealed from as signed and entered;
- a copy of the reasons of the court or tribunal appealed from, with a further typed or printed copy if the reasons are handwritten;
- if an earlier order or decision was the subject of the hearing before the court or tribunal appealed from, a copy of the order or decision, as signed and entered, and a copy of the reasons for it, with a further typed or printed copy if the reasons are handwritten;
- a copy of the pleadings or notice of application or of any other document that initiated the proceeding or defines the issues in it;
- a copy of any excerpts from a transcript of evidence that are referred to in the appellant’s factum;
- a copy of any exhibits that are referred to in the appellant’s factum;
- a copy of any other documents relevant to the hearing of the appeal that are referred to in the appellant’s factum;
- a copy of the certificates or agreement respecting evidence referred to in Rule 61.05;
- a copy of any order made in respect of the conduct of the appeal; and
- a signed Certificate of Completeness (Form 61H) stating that the contents of the Appeal Book and Compendium are complete and legible.