A notice of appeal must be filed within 14 days of the order at issue (Rule 23-6(8.1)). The notice of appeal must be in Form 121.

If you are bringing an appeal, you must also prepare a Notice of Argument in Form 121.1. This is a document that sets out what mistake you say was made by the associate judge or registrar.

Further, if you are bringing an appeal, you must within 14 days of the order at issue, order a transcript of the reasons for decision of the Associate Judge or registrar (if oral reasons were given), as well as a transcript of any evidence led at the Associate Judge or Registrar hearing (Rule 23-6(8.5) and (8.6)).

Both the notice of appeal and the Notice of Argument must be served on the all of the other parties within seven days of the notice of appeal being filed (Rule 23-6(8.2)).

A party who wishes to oppose the appeal must file a notice of interest, in Form 70, and prepare a Respondent’s Statement of Argument in Form 121.2. The Respondent’s Statement of Argument sets out the reason for opposing the appeal.

Both the notice of interest and the Respondent’s Statement of Argument must be served on all the other parties within 14 days of receiving the Notice of Appeal and Notice of Argument.

The matter must be set for hearing. If the time estimate is less than 2 hours it can be heard in ordinary Chambers. If it will take longer than 2 hours then a hearing date must be fixed by Supreme Court Scheduling. For more information on setting matters in chambers, see Chambers Applications.

The appellant must file an Appeal Record with the Court by 4 p.m. one full business day before the hearing. The appeal record must be in secure binding (like a 3 ring binder) and contain:

1. A title page
2. An index
3. A copy of the notice of appeal
4. A copy of the order of the Associate Judge or decision of the registrar or special referee that is subject to the appeal
5. A copy of the written reasons for judgment of the Associate Judge, or reasons for decision of the registrar or special referee, or, if the reasons were given orally, a transcript of the reasons
6. A copy of the notice of application and application response, and for registrars' appeals, a copy of the appointment
7. Copies of any affidavits that were before the Associate Judge, registrar, or special referee that will be relied on for the appeal
8. A transcript of any oral evidence heard by the Associate Judge, registrar, or special referee to be relied on for the appeal
9. The appellant's statement of argument, not to exceed 10 pages, and
10. The respondent's statement of argument, not to exceed 10 pages