Part Five: Procedures where a stay of a driving prohibition is sought

The applicant serves and files a Notice of Application for Leave to Appeal and Application for a Stay (Form B) within 30 days of decision of the Superior Court judge. The Notice must be filed, together with proof of service, at least seven business days before the hearing date indicated in the Notice.

At least seven business days before the hearing date indicated in the Notice, the applicant files, with proof of service, one copy of an Application Record. The content of the Application Record is described in s. 16 of the Practice Direction Concerning Criminal Appeals in the Court of Appeal.

The applicant serves and files one copy of an Applicant’s Factum that consists of a concise statement of the facts and law relied on by the applicant. A Book of Authorities may be filed.

The respondent shall e-mail all parties and the motions clerk of the Court of Appeal at COA.E-File@ontario.ca (with “Attention Motions Clerk” in the subject line) to indicate its position on the application.

The respondent shall serve and file any additional materials that may assist the judge in deciding the application by 12 noon on the day before the application is heard.

The materials are placed before a single judge of the court sitting in chambers. The judge shall decide whether to grant or refuse leave to appeal based on the written material (no oral argument is presented, unless permitted by the judge). If the judge decides to grant leave to appeal, the judge will next decide whether to grant an order staying the driving prohibition.

The court will email all parties a scanned copy of the endorsement disposing of the application.

If leave to appeal is granted (and regardless whether the stay was granted), the appellant shall perfect the appeal within 30 days of the order granting leave to appeal.

To perfect the appeal, the appellant must serve and file, with proof of service: i) three paper copies of an Appellant’s Factum and, where possible, one electronic copy of the Appellant’s Factum; ii) three paper copies of the Appeal Book including any Transcripts from the trial in the Ontario Court of Justice as required for the hearing of the appeal; and iii) three paper copies of any Transcript required from the proceeding in the Superior Court of Justice (e.g., testimony of additional witnesses or oral reasons of the summary conviction appeal judge), and one electronic copy of the Transcript (if available). A Book of Authorities may be filed no later than 5 business days after the date when the Appellant’s Factum is filed.

The Appellant’s Factum must consist of the contents described in Rule 16 of the Criminal Appeal Rules. The Appeal Book must consist of the contents set out in Rule 14 of the Criminal Appeal Rules, including any Transcripts from the trial in the Ontario Court of Justice as required for the hearing of the appeal, and the Notice of Appeal filed in the Superior Court of Justice and the Factums filed in the Superior Court of Justice: s. 16 of the Practice Direction Concerning Criminal Appeals in the Court of Appeal for Ontario.

The respondent serves and files three copies of the Respondent’s Appeal Book (if any) and the Respondent’s Factum, together with an electronic copy of the Respondent’s Factum, if possible. A Book of Authorities may be filed no later than 5 business days after the date when the Respondent’s Factum is filed.

After the appeal is perfected, the court will contact the parties to set a hearing date.

The standard time for oral argument will be 30 minutes for the appellant and 15 minutes for the respondent. Parties requesting more time should contact the Criminal Appeal Coordinator: see the Court of Appeal’s website for contact information.