1.11 Setting 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 both their factum and a copy of each entered order they are appealing.
As soon as the appeal is ready for hearing the appellant must:
- Obtain a hearing date for the appeal from the registry (they should communicate with you 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.
If the appellant has failed to follow the steps in Rule 33 and you have filed your factum, then Rule 34 allows you, as a respondent, to schedule the appeal for a hearing instead. Follow these steps:
- Obtain a hearing date from the Registry (you should communicate with the other parties to find a date that works for everyone).
- Not more than 5 days after obtaining the hearing date, you must file and serve a notice of hearing of appeal in Form 5 and attach a copy of each order the appellant is appealing from in the form that the order was entered in the court appealed from.
The appeal will be placed on the inactive list if the notice of hearing is not filed:
- 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 as abandoned automatically 180 days after it was placed on the inactive list.
You and the appellant may sign a consent order to remove the appeal from the inactive list. File Form 14 if you both agree to take this step.
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.
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