Criminal Proceedings Rules for the Superior Court of Justice (Ontario)

Version of section 40.10 from 2012-03-01 to 2013-12-31:

  •  (1) The appellant, within 15 days after receiving notice that the transcript of evidence is ready, or where a transcript of evidence is not required on appeal, within 30 days after filing the notice of appeal, shall, unless otherwise ordered by a judge, serve on the respondent and any person entitled by order of a judge to be heard on the appeal, a copy of an appeal book and, at such time, shall file proof of service of the appeal book and a legible copy of the appeal book.

Where the appellant is not represented by counsel
  • (2) Where the appellant is not represented by counsel, a judge may require the respondent to prepare the appeal book.

Contents of Appeal Book
  • (3) The appeal book shall contain, in consecutively numbered pages arranged in the following order, a copy of:

    • (a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter;

    • (b) the notice of appeal and any supplementary notice of appeal;

    • (c) any direction or order made with reference to the appeal;

    • (d) the information, including all endorsements thereon or as adjuncts thereto;

    • (e) the formal order or decision appealed from, as signed and entered, if any;

    • (f) the reasons for judgment, if not included in the transcript of proceedings;

    • (g) any order for release from custody pending appeal;

    • (h) all documentary exhibits filed at the trial that the parties have not agreed to omit, arranged in order by date or, where there are documents having common characteristics, arranged in separate groups in order by date;

    • (i) all notices of application filed at or before the trial;

    • (j) all maps, plans, photographs, drawings and charges that were before the summary conviction court and are capable of reproduction that the parties have not agreed to omit;

    • (k) the agreed statement of facts, if any;

    • (l) where there is an appeal as to sentence, the pre-sentence report, the criminal record of the appellant, and any exhibits filed on the sentencing proceedings;

    • (m) the certificates respecting evidence referred to in sub-rule 40.08(1).

Non-Compliance with Rules
  • (4) The clerk of the appeal court may refuse to accept an appeal book which does not comply with this rule or is not legible and the appeal book shall not be filed except by leave of a judge.

Relief from Compliance
  • (5) Where compliance with this rule would cause undue expense or delay, a judge may give special directions.

Date modified: