Appeal Book Rules

Order 52    Appeals

Division 2    Appeals

26    Content of appeal papers

        The appeal papers must:

    (a)    consist of the documents mentioned in the following table, in the order that they appear in the table; and

    (b)    be divided into Parts A, B and C as shown in the table.

1    Title page

2    The index to Part A

3    The originating application and pleadings, including each relevant notice of motion (if any)

4    If the court below was hearing an appeal from a tribunal or the board:

    (a) the reasons for the decision of the tribunal or board; and

    (b) the formal decision of the tribunal or board; and

    (c) any notice of appeal to the court below

5    The reasons for the judgment of the court below

6    The sealed orders of the court below

7    The notice of appeal

8    Any notice of cross‑appeal or any notice of contention

9    Any submitting appearance

10    The certificate of correctness mentioned in paragraph 28C (1) (a)

11    Title page

12    The index to Part B

13    The transcript of relevant oral evidence

14    Each additional relevant transcript (if any)

15    Title page

16    The index to Part C

17    A chronological list of all documents received in evidence, showing the date and page number of each document

18    Each affidavit containing relevant evidence, followed by each document exhibited or annexed to the affidavit, in the order in which the documents were lettered or numbered in the affidavit

19    Each relevant exhibit, other than an exhibit mentioned in item 18, in the order in which the exhibits were lettered or numbered as exhibits in the court below

20    If there is a list of exhibits in the transcript — that list

21    Relevant testimony received in evidence that was taken on commission or before an examiner

22    Each relevant interrogatory and answer, to the extent that those documents were received in evidence

23    Each relevant affidavit of a document, to the extent that the affidavit was received in evidence

27    Filing and service of draft indexes of appeal papers

        At least 7 days before the date appointed for settling the appeal papers, the appellant must file in the Registry, and serve on the respondent, each of the following:

    (a)    a draft index of each Part of the appeal papers;

    (b)    a chronological list of all documents received in evidence that the appellant proposes to reproduce in the appeal papers, including documents exhibited or annexed to affidavits.