Procedure in civil matters

Procedure in civil matters is governed by the Court of Appeal Act, the Court of Appeal Rules and Forms, case law, practice directives issued by the Chief Justice, and completion instructions and filing directives issued by the Registrar.

• The Court of Appeal Act describes the powers and jurisdiction of the Court, single judges of the Court, and the Registrar.

• The Court of Appeal Rules set out process and procedure related to the exercise of the powers described in the Act.

• Practice directives are issued by the Chief Justice pursuant to s. 6 of the Act and rule 89 to regulate and control different aspects of court procedure. For example, there are practice directives related to appearing in court and remote appearances.

• Court Forms are prescribed in the Court of Appeal Rules and must be completed when taking various steps in the appeal process. For example, Forms are used to collect the information necessary to initiate an appeal (Form 1, notice of appeal), make an application (Form 4, notice of application), or take other steps like changing an address for service.

• Completion instructions are issued by the Registrar pursuant to s. 38(c) of the Act and provide step by step instructions regarding the format and content requirements for different documents prepared in an appeal. For example, there are completion instructions for factums, appeal books and books of authorities.

• Filing directives are also issued by the Registrar pursuant to s. 38 of the Act and specify the form and manner in which documents must be filed. More information about how to file materials is available here.

• Pursuant to s. 38(2) of the Act and rule 79(5) the registrar may refuse to accept a document for filing if it does not comply with the prescribed Forms, completion instructions or filing directives.

Procedure in criminal matters

• Procedure in criminal matters is governed by the Criminal Code, the Court of Appeal Criminal Appeal Rules, case law, practice directives issued by the Chief Justice, and filing directives issued by the Registrar.

• Forms for criminal proceedings

• More information about how to file materials is available here.

Appeal process overview charts

The flowcharts linked below outline the appeal process for appellants and respondents respectively, with step-by-step guidance detailing which documents must be filed and when. The flowcharts also include direct links to specific forms and completion instructions that may be useful for parties involved in an appeal.

• Process Overview for Appellants (PDF, 744 KB)
• Process Overview for Respondents (PDF, 729 KB)