The Divisional Court is a branch of the Superior Court of Justice. It is one of the busiest appeal courts in Canada and hears appeals from administrative tribunals and judicial reviews. The Divisional Court sits regularly throughout the year in Toronto and has scheduled sittings at various times in the other judicial regions in Ontario.
At Milosevic Fiske LLP, we can assist you in matters before the Divisional Court. We appear in Divisional Court regularly, and are familiar with the specialized rules governing appeals to this Court.
The Divisional Court is governed by its own set of rules, procedures and forms. Moreover, these can vary by judicial region.
The rules governing appeals to the Divisional Court in Toronto require that leave to appeal must be made via motion, in writing, to a panel of three Divisional Court judges.
Timing for applying for a leave to appeal will depend on whether leave is required by the legislation under which the decision was made (in which case the appellant has 15 days from the date of the order being appealed to file a Notice of Motion for Leave to Appeal) or whether the decision being appealed in an interlocutory order (in which case the appellant has 7 days from the date of the order being appealed to file a Notice of Motion for Leave to Appeal).
Three copies of the motion record, factum, and transcripts (if any are required) must be filed. Books of authority are helpful, but not required. Electronic filing is encouraged (CD, DVD, USB).
Factums must consist of a “concise summary” (i.e. no more than 30 pages) of both fact and law and must include an estimate of the time that will be required to make your oral arguments. If more than 30 pages are necessary, counsel must arrange an appointment with a Divisional Court judge before filing their factum.
Within 7 days of leave being granted (or where leave is not required), the appellant must serve and file (with proof of service) the Notice of Appeal and Appellant’s Certificate Respecting Evidence (a certificate that sets out those portions of the evidence from the original hearing which the appellant considers necessary for the appeal).
These documents must also be served on the respondent or respondents. If the appeal is of a decision of a tribunal or board, the appellant’s must also serve the relevant tribunal or board within the same timelines. These parties must be served within 30 days of the date of the order being appealed.
The Notice of Appeal must then be filed at the court within 10 days of service on all named respondents. The Appellant’s Certificate can be filed concurrently.
After the Notice of Appeal has been filed, the appeal must be perfected by serving and filing with the court all the documents necessary for the hearing of the appeal. These are:
A book of authorities is also recommended.
Once the appeal is perfected, a Certificate of Perfection is filed and the Divisional Court will list the appeal for hearing.
Where a transcript of evidence is not required, appeals must be perfected within 30 days of filing the Notice of Appeal. Where a transcript of evidence is required, the appeal must be perfected within 60 days of the appellant receiving notice that the transcript has been completed.
When an appeal is perfected, the Registrar of the Divisional Court will place it on the list of cases to be heard and will mail a Notice of Listing for Hearing (Form 61G) to every person listed in the Certificate of Perfection.
An estimate of the amount of time before the appeal will be listed can be obtained by contacting the court office where the appeal is filed.
A good litigation lawyer must combine first-rate legal drafting and scholarship, with confident oral advocacy in the courtroom, and firm but flexible approaches to negotiation. This combination of skills is not common.
At Milosevic Fiske LLP we have all of these skills. We are a small office that has handled large matters for our clients, involving tens of millions of dollars in dispute, and the future of our clients’ businesses.
Some of our representative cases include:
The lawyers at Milosevic Fiske LLP are skilled litigators. Over the years, we have seen it all and helped our clients mitigate their legal and financial risks. Our impressive track record speaks for itself. We have conducted numerous and lengthy trials and appeals. We are litigators who practice the art of advocacy. If you are considering litigation counsel to help you and your business, speak with us. Call us at 416-916-1387 or contact us online for a consultation.