1.12 If the appellant does not, prepare a certificate of readiness

The appellant’s final step in the appeal procedure is to file a certificate of readiness. A certificate of readiness tells the Court registry that the parties are ready to schedule the appeal hearing. Rule 28 gives you more information about this document.

If the appellant does not file a certificate of readiness immediately after the appeal is ready for hearing, you may file this document (along with a filing fee) if you want the appeal to proceed. Use Form 14 to prepare your certificate of readiness.

If you and the appellant have agreed on the amount of time that you will need for the appeal hearing, and where it will take place, you will state that information on the form. If you cannot agree how much time is needed for the appeal hearing, you must state how much time each party believes is needed for the appeal hearing.

If a certificate of readiness is not filed within one year of filing the appeal, the appeal will become inactive. This indicates that the appellant does not intend to carry on with the appeal.  If nothing has happened, the appeal will be dismissed for want of prosecution 180 days after it becomes inactive.

If the appellant wishes to remove the appeal from the inactive list so that he or she can proceed, the appellant will ask you to sign a consent order removing it from the inactive list. The appellant will file Form 27 if you agree to take this step. If you do not agree, the appellant 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:

  1. whether it is in the interests of justice to reactivate the appeal; 
  2. the extent of the delay; 
  3. the explanation for the delay; 
  4. the existence of any prejudice arising from the delay; and 
  5. the likelihood of success on appeal.