Major steps in a Divisional Court appeal

The major steps in an appeal to the Divisional Court are summarized in the simplified steps below.

  1. Does the appellant need to get leave (permission) to appeal before starting the appeal?
    1. If yes: The appellant brings a motion for leave to appeal. Refer to “Part one: Leave to appeal”.
      • Continue to Step 2 if leave to appeal granted.
    2. If no: Jump to Step 
  2. The appellant serves and files the Notice of Appeal and Appellant’s Certificate Respecting Evidence.Refer to “Part two: Starting an appeal”.
  3. The respondent serves and files a Respondent’s Certificate Respecting Evidence, if required. Refer to “Part five: Responding to an appeal”. The respondent may also choose to serve and file a Notice of Cross-Appeal.
  4. The appellant orders transcripts if they are required, and files proof that the transcript has been ordered. Refer to “Part three: Transcripts”.
  5. The appellant perfects the appeal by serving and filing the Appeal Book and Compendium, Exhibit Book, Factum, transcripts (if any) and Book of Authorities. The appellant files a Certificate of Perfection, and the court lists the appeal for hearing. Refer to “Part four: Perfecting an appeal”.
  6. The respondent serves and files the Respondent’s Compendium, Factum, and Book of Authorities. Refer to “Part five: Responding to an appeal”.
  7. The parties attend the appeal hearing and a decision is made.Refer to “Part six: Hearing of an appeal”.

Many of these steps involve serving documents on other parties or paying fees.

Many of the steps have deadlines. See the chart below for details.

Deadlines and requirements for documents filed in Divisional Court Appeals

If the information in this chart conflicts with the Rules, the Rules govern. Certain special timelines apply to appeals under the Child, Youth and Family Services Act, 2017 (CYFSA). See Rule 38 of the Family Law Rules for specific information. Parties should also review any applicable practice directions issued by the Divisional Court and published on the Superior Court of Justice website.

See “Tips on completing forms in Divisional Court ” for special rules related to counting days for timelines with weekends, holidays and time less than seven days.

Document Which party? Required to serve the other party(ies) Required to file with the court # copies filed with court (if paper) Fee for filing Deadlines Colour of covers of paper version Rule Form
If leave is required: Notice of Motion for Leave to Appeal Appellant (“moving party”) Yes Yes 1 Yes Serve within 15 days of the order being appealed; file with proof of service within 5 days of service n/a 61.03 or 62.02 37A
If leave is required: Motion record, factum, and transcripts (if required) Appellant (“moving party”) Yes Yes 1 or 3* No Serve and file within 30 days of filing the Notice of Motion for Leave to Appeal White cover sheet, light blue backsheet (transcript: white cover sheet, grey backsheet) 61.03 or 62.02 -
If leave is required and if the respondent considers it necessary: Respondent’s motion record and/or factum Respondent (“responding party”) Optional Yes if served on the other party(ies) 1 or 3* No Serve and file within 15 days after the appellant served their motion record, factum, and transcripts (if any) Green cover sheet, light blue backsheet 61.03 or 62.02 -
Notice of Appeal to the Divisional Court Appellant Yes Yes 1 Yes If automatic right of appeal: Serve within 30 days of the final order. File with proof of service within 10 days after service. If leave was required and has been obtained: Serve and file within 7 days of leave being granted. CYFSA appeals: Serve within 30 days of final order, at the same time as the Notice of Motion for Leave to Appeal. n/a 61.04 or 61.03(6) 61A.1
Appellant’s Certificate Respecting Evidence Appellant Yes. Parties may alternatively agree what documents are to be included in the appeal book and compendium and what transcript is required. Yes 1 No Same as above. n/a 61.05 61C
Notice of Cross-Appeal Respondent (known as Cross-Appellant) Optional Yes if served on the other party(ies) 1 Yes Serve within 15 days after service of the Notice of Appeal. File with proof of service within 10 days after service. n/a 61.07 -
Respondent’s Certificate Respecting Evidence Respondent Optional. The parties may also reach an agreement (see Appellant’s Certificate Respecting Evidence). Respondent is deemed to have confirmed the appellant’s certificate if the respondent fails to serve and file the respondent’s certificate. Yes. 1 No Within 15 days after service of the Appellant’s Certificate. n/a 61.05 61D
Appeal Book and Compendium Appellant Yes Yes 1 or 3* No No transcript: within 30 days after filing the Notice of Appeal (CYFSA: 14 days). Transcript: within 60 days after notice of completion of transcript (CYFSA: 30 days). Buff front and back covers 61.09 61.10 Must contain Form 61H (Certificate of Completeness of Appeal Book and Compendium)
Exhibit Book Appellant Yes, unless all the parties agree that no exhibits are required. Yes, unless all the parties agree that no exhibits are required. 1 No Same as above. Buff front and back covers 61.09 61.10.1 -
Appellant’s Factum Appellant Yes Yes, plus an electronic version. 1 or 3* No Same as above. White front and back covers 61.09 61.11 -
Transcript of evidence Appellant Yes, if a transcript is required. Yes, an electronic version, plus a typed or printed copy if ordered by the court. 1 No Proof that the appellant has ordered a transcript, if required, must be filed within 30 days after filing the Notice of Appeal. The transcript itself must be served and filed within 60 days after notice of its completion. Red front and back covers (if bound separately) 4.07
4.09
61.05
61.09		 -
Certificate of Perfection Appellant Yes Yes 1 Yes No transcript: within 30 days after filing the Notice of Appeal (CYFSA: 14 days). Transcript: within 60 days after notice of completion of transcript (CYFSA: 30 days). n/a 61.09 -
Respondent’s Factum Respondent Yes Yes, plus an electronic version. 1 or 3* No Serve and file within 60 days after service of appeal book and compendium, exhibit book, transcript of evidence (if any), and appellant’s factum.
CYFSA: Serve and file within 30 days of service of the appellant’s final documents.		 Green front and back covers 61.12 -
Respondent’s Compendium Respondent Yes Yes 1 or 3* No Same as above. Green front and back covers 61.12 -
Book of Authorities Both appellant and respondent (one joint book if the parties agree, otherwise individual books) No No 1 or 3* No If possible, not later than the Monday of the week preceding the hearing. Appellant: White front and back covers
Respondent: Green front and back covers		 n/a
(SCJ Practice Direction)		 -

*For hearings before a single judge, one copy is required. For hearings before a panel of three judges, three copies are required.