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- Canada Form 61B - Ontario 2005
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Plaintiff (Appellant) (or (Respondent)) and (name) Defendant (Respondent) (or (Appellant)) (Appeal in an application) BETWEEN: (name) Applicant (Appellant) (or (Respondent in appeal)) and (name) Respondent (Respondent in appeal) (or (Appellant)) APPLICATION UNDER (statutory provision or rule under which the application is made) (Where there are multiple parties in the proceeding at first instance and only some of them are parties to the appeal, include the names of all of the parties at fir.
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FAQ
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In civil appeals, the appellant must serve and file a Notice of Appeal (Form 61A) and the Appellant's Certificate Respecting Evidence (Form 61C). The appellant must also file proof that copies of the Notice of Appeal and Appellant's Certificate Respecting Evidence were served on the respondent.
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When a final order is made in the Ontario Court of Justice, a party must serve a notice of appeal on the opposing side within 30 days of the order or decision being appealed. The notice of appeal must be filed in court within 10 days of it being served.
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Step 1: File the Notice of Appeal. Step 2: Pay the filing fee. Step 3: Determine if/when additional information must be provided to the appeals court as part of opening your case. Step 4: Order the trial transcripts.
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In civil proceedings, you generally have a right of appeal to the Court of Appeal from a final order of a judge of the Superior Court, unless the order requires payment of $50,000 or less, dismisses a claim for that amount, or is subject to an appeal to the Divisional Court under the applicable legislation.
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Share: The commencement of an appeal or application for judicial review may not stop the enforcement of the lower Court or tribunal's order. In Ontario, the issue of whether a decision or an order is stayed pending an appeal or judicial review depends on a complex web of statutes and civil procedure rules.
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How do I begin an appeal? An appeal is initiated by serving and filing one copy of a notice of appeal (Form 61A) and one copy of an appellant's certificate respecting evidence (Form 61C).
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If you are unhappy about the decision made by the judge in your case, you may be able to appeal against the decision to a judge in a higher court or in the case of tribunals to the Upper Tribunal or Employment Appeal Tribunal.
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If you want to change a final order or written agreement, and the other party does not agree to the change, you need to: identify and fill out your documents. get your motion to change issued by the court. serve all your documents. file proof of service.
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