2.10 Set a hearing date
When an appeal is ready for hearing
An appeal is ready to be scheduled for hearing on the date that the appellant files their factum and a copy of each entered order being appealed.
As soon as the appeal is ready for hearing you must:
- Obtain a hearing date for the appeal from the registry (you should communicate with the other parties to find a date that works for everyone).
- Inform the registry of any disagreement between the parties about the length of time needed for the hearing of the appeal.
- File a notice of hearing in Form 5 and attach a copy of each entered order being appealed (if the entered order was not previously filed);
- Pay the court filing fee.
- Serve a copy of the notice of hearing on each respondent.
It is important to schedule your appeal for hearing without delay.
Your appeal will be placed on the inactive list if the notice of hearing is not filed:
- More than 60 days after the appeal is ready for hearing, or
- More than 365 days after the date the notice of appeal was filed (or, if leave is required, the date that leave was granted).
An inactive appeal indicates that neither you nor the respondent intends to carry on with the appeal. If you do not apply to reinstate the appeal, it will be dismissed automatically for want of prosecution 180 days after it was placed on the inactive list.
If you cannot agree, you may bring an application before a judge in chambers, asking for an order to remove the appeal from the inactive list.
On an application to remove the appeal from the inactive list, the court will consider:
- Whether it is in the interests of justice to reactivate the appeal.
- The extent of the delay.
- The explanation for the delay.
- The existence of any prejudice arising from the delay.
- The likelihood of success on appeal.
See Step 3: Applications and Hearings of this guide for more information on bringing applications.