The appellant will serve you with the appeal book. The appeal book contains evidence submitted at the previous proceeding, such as affidavits and documentary evidence. The appeal book must contain only so much of the evidence as is necessary to resolve the issues raised on the appeal.
At the same time as you are preparing your written argument (factum), you may want to consider whether you need any more evidence before the Court than what was in the appellant’s appeal book. If so, you may prepare a respondent’s appeal book.
If you think the appellant’s appeal book is incomplete, you may prepare your own appeal book within 30 days after being served with the appellant’s appeal book. Use Form 12 when preparing your appeal book. If there is more than one volume, they must be numbered on the front cover and the spine.
The completion instructions on the back of Form 12 tell you exactly how your appeal book must appear. Be sure to follow those instructions carefully. For example, the appeal book must be bound in a blue cover, must be limited to a certain number of pages, and so on.
The appeal book may contain these documents:
- affidavits; and
- other documents that relate to evidence. (These documents must have been put into evidence in the previous hearing; for example, a contract between you and the respondent.)
See the Checklist prepared by the Court of Appeal for further information.
You must then:
- file at least 6 copies of the appeal book in the registry – 4 for use by the court, one copy for your own use, plus enough copies to serve on each appellant; and
- serve a filed copy of the appeal book on each appellant.
There are professional service providers who will prepare your appeal record and appeal book for a fee. You can find these providers by looking at the brochures available at the Court of Appeal Registry or doing an Internet search (e.g., search for “appeal book preparation B.C.”).