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Toronto Litigators Representing Clients at the Ontario Court of Appeal

In a practical sense, the Ontario Court of Appeal is the last avenue of appeal for most litigants in Ontario (while appeal to the Supreme Court of Canada is possible, the Supreme Court only hears issues of public importance).

At Milosevic Fiske LLP, our experienced team of lawyers helps our clients in appeals before the Court of Appeal for Ontario. In addition to representing our clients in appeals before the Court of Appeal, we regularly act as amicus curiae, or friend of the Court, as part of our work with Pro Bono Ontario. Cameron Fiske has won a number of notable appeals for clients as part of his amicus work.

Appealing to the Court of Appeal

Decisions that can be appealed to the Court of Appeal include:

  • An order of the Divisional Court, on a question that is not a question of fact alone, with leave of the Court of Appeal;
  • A final order of a judge of the Superior Court of Justice (unless the judgment does not exceed $50,000);
  • A certificate of assessment of costs issued in a proceeding in the Court of Appeal.

Obtaining Leave to Appeal

Not all cases have an automatic right to appeal to the Court of Appeal. In some instances, the appellant (i.e. person seeking the appeal) must first obtain leave to appeal (i.e. permission of the court).  This includes appeals from orders of the Divisional Court.

For matters that require leave to appeal, a notice of motion for leave to appeal must be served within 15 days of the date on the order being appealed and must be filed with the Court of Appeal within 5 days of service.

If leave to appeal is granted, a notice of appeal must then be served and filed within 7 days.

Starting an Appeal Where No Leave is Required

Appeals are initiated by serving and filing a copy of a notice of appeal and an appellant’s certificate respecting evidence.

Proof that both of these documents have been served on the respondent or respondents (i.e. the party responding to the appeal), must be filed with the Court of Appeal. Proof of service should come in the form of an affidavit of service which indicates when, where, and how the documents were served, or by an admission by the served party.

In general, the notice of appeal must be served on the respondent or respondents within 30 days of the date on the order appealed from.

The appellant then has 10 days from the day the respondent or respondents were served with the notice of appeal to file it with the Court of Appeal.

It may be possible to extend the timelines if the time to file an appeal has expired.

Perfecting the Appeal

Once the notice of appeal has been filed, the appellant must perfect the appeal.

This involves filing all documents necessary for the hearing of the appeal, along with proof of service of these documents.

Documents that must be filed include:

  • An appeal book and compendium;
  • An exhibit book;
  • An appellant’s factum;
  • The transcript of evidence (if required).

These documents must be served on the respondent or respondents before they are filed with the Court of Appeal, and proof of service must also be filed with the materials.

If no transcript of oral evidence is required, the appellant must perfect the appeal within 30 days after filing the notice of appeal. If a transcript of oral evidence is required, the appellant must perfect the appeal within 60 days after receiving notice that the transcript of evidence has been transcribed.

Once the relevant documents have been filed, the appellant must file a certificate of perfection in order to finalize perfecting the appeal.

After the Appeal is Perfected

Once to appeal is perfected, it will be placed on a list of all appeals that are ready for hearing, usually within 6 months of the date of perfection.

The appeal will be assigned a hearing date, depending upon the nature of the appeal involved.

Appeals are usually heard by one judge, but can be heard by panels of three or sometimes five judges.

Our Representative Cases

At Milosevic Fiske LLP, we believe we are among the best litigation teams in Toronto. 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 at the Court of Appeal include:

For Outstanding Representation in Appeals to the Ontario Court of Appeal Contact Milosevic Fiske LLP

The Toronto litigators at Milosevic Fiske LLP have unparalleled litigation experience. We will guide you through the process of appealing a decision to the Court of Appeal, and will represent you at trial. We are in court or in mediations almost every day and are skilled at thinking on our feet and rolling with the punches. Call us at 416-916-1387 or contact us online for a consultation.