Notice to Profession – Divisional Court

*NOTICE NO LONGER IN EFFECT*

The Divisional Court will hear matters in accordance with this Notice to the Profession until further notice.

D.1. Provincewide Protocol applies to all Divisional Court matters

Set out below is the practice to be observed to commence or continue and to schedule any step in a matter in the Divisional Court anywhere in Ontario. This direction applies to all Divisional Court matters, including panel matters, in-writing motions for leave to appeal and matters ordinarily heard by a single judge, including Small Claims Court appeals and motions.

D.2.  Commencing Proceedings and Scheduling Divisional Court Matters

  1. As of October 7, 2022, any party wishing to commence a new Divisional Court proceeding or to schedule a step in an existing Divisional Court proceeding shall contact the court at the email address below corresponding to the judicial region where the case originates. A of the email should be sent to each of the other parties (except in the situation set out in D.2.6 below). Other parties should not respond to the email. They will have an opportunity to respond later in the process as detailed below.

 

Superior Court of Justice Judicial Regions Address for Divisional Court in Regional Centre
Central East Region

This region includes the following court locations:

Barrie
Bracebridge
Cobourg
Durham
Lindsay
Newmarket
Peterborough

Durham Region Courthouse
150 Bond St. E.
Oshawa, ON L1G 0A2Email: Durham.SCJ.Courts@ontario.ca
Central South Region

This region includes the following court locations:

Brantford
Cayuga
Hamilton
Hamilton Family Court
Kitchener
Simcoe
St. Catharines
Welland

Hamilton (John Sopinka) Courthouse
45 Main St. E.
Hamilton, ON L8N 2B7Email: Hamiltonciviloffice@ontario.ca
Central West Region

This region includes the following court locations:

Brampton
Guelph
Milton
Orangeville
Owen Sound
Walkerton

Brampton (A. Grenville & William Davis) Courthouse
7755 Hurontario St.
Brampton, ON L6W 4T1Email: Bramptonscjcourt@ontario.ca
East Region

This region includes the following court locations:

Belleville
Brockville
Cornwall
Kingston
Kingston Family Court
L’Orignal
Ottawa
Napanee
Pembroke
Perth
Picton

Ottawa Courthouse
161 Elgin St., 2nd Fl.
Ottawa ON K2P 2K1Email: Ottawa.scj.courts@ontario.ca
Northeast Region

This region includes the following court locations:

Cochrane
Gore Bay
Haileybury
North Bay
Parry Sound
Sault Ste. Marie
Sudbury
Timmins

Sudbury Courthouse
155 Elm St.
Sudbury, ON P3C 1T9Email: sudburydivisionalcourt@ontario.ca
Northwest Region

This region includes the following court locations:

Fort Frances
Kenora
Thunder Bay

Thunder Bay Courthouse
125 Brodie St. N.
Thunder Bay, ON P7C 0A3Email: Csd.thunderbay.scj@ontario.ca
Southwest Region

This region includes the following court locations:

Chatham
Goderich
London
Sarnia
St. Thomas
Stratford
Windsor
Woodstock

 

London Courthouse
80 Dundas St.
London, ON N6A 6A3Email: Divisional.Court.London@ontario.ca
Toronto Region

This region includes the following court locations:

Toronto

 

Osgoode Hall
130 Queen St. W.
Toronto, ON M5H 2N5Email: scj-csj.divcourtmail@ontario.ca

Courthouse accessibility information and resources can be found on the Ministry of the Attorney General’s Going to court: accessibility page.

  1. Requests should contain the following information:
    1. Title of proceeding and file number (if one already exists)
    2. The names and email addresses of representatives of the parties (counsel or self-represented persons).
    3. The nature of the matter to be scheduled (motion, application or appeal) and brief particulars (for example, “appeal from the final order of Doe J. of the Superior Court of Justice (2020 ONSC 123456) granting judgment of $25,000 in a defamation action” or “judicial review from the Ontario Labour Relations Board decision granting / denying certification”).  The explanation should not be more than a sentence or two in length.  Where the decision being challenged has been reported on CanLII, a citation to that decision should be included. Where the decision being challenged has not been reported on CanLII, a copy of the decision should be attached.
    4. The estimated time required for the hearing.
    5. A brief explanation of any urgency, time sensitivity, or other factors the party wishes the court to take into account in scheduling.
    6. Where the proceeding is new, the request should include the originating document (for example, Notice of Application for Judicial Review, Notice of Appeal or Notice of Motion for Leave to Appeal) and the decision being challenged.
    7. Where the proceeding is new and is an Application for Judicial Review or an appeal to a panel of the Divisional Court, whether an in-person or virtual hearing is requested (see D.3 below). In-person hearings are held at the Regional Centre (see addresses D.2.1. above).
    8. Where parties have agreed on a timetable for the exchange of materials in advance of the hearing request, the proposed agreed timetable should be included.
  2. Where a party submits a request to commence a new matter, the Court will confirm by email that the originating document is deemed to have been filed on the date it was received and provide a Divisional Court File Number. For payment of the filing fee, see D.5. below.
  3. In all cases where a party submits a request for a hearing, the Court will typically respond with a request that the parties agree on a schedule for the exchange of documents or schedule a case conference with a Divisional Court Administrative Judge or a designate. The case management process is described in more detail at D.7 below.
  4. Matters will be scheduled at the direction and in the discretion of a Divisional Court Administrative Judge or a designate. Urgent matters will be given priority.
  5. Where a party wishes to commence an application for judicial review to preserve the party’s rights, but does not wish to proceed immediately or to give notice of it to other parties, the party need not send a copy to all other parties [or provide addresses and email addresses for opposing parties], but should clearly indicate, instead, that the party wishes to commence but not yet move forward with the application and provide the court with an update within 30 days.

D.3.   Mode of hearings

  1. All single-judge hearings and case conferences are conducted virtually, either by teleconference or by videoconference. Teleconferences are conducted on court teleconference lines. Videoconferences are conducted using the application ZOOM. The court will send parties a conference call number or a link to the videoconference in advance of the hearing.
  2. All motions for leave to appeal brought under Rule 62.02 of the Rules of Civil Procedure are heard in writing and should be filed at the Toronto Divisional Court Office at: scj-csj.divcourtmail@ontario.ca.
  3. The mode of the hearing (virtual or in person) will be addressed at the intake stage before the hearing date is set (see D.2). Considerations relevant to the determination of the mode of hearing are summarized in Rule 1.08 of the Rules of Civil Procedure and the Guidelines set out in Part II, paragraph 9 of the Court’s Notice to the Profession, Parties, Public, and the Media. The mode of a hearing remains subject to the discretion of the Court.
  4. For matters that were given a hearing date prior to October 17, 2022, a virtual hearing has been scheduled under the prior Notice to Profession.  If any party wishes to request an in-person hearing, they may do so by a written request at least one month before the hearing date.  Those requests shall be made by email to the Court at the address in D.2.1 above and shall include the position of all parties and reasons for the request.
  5. For appeals being heard by a panel, in-person hearings are held at the Regional Centre for the region in which the decision being challenged was made.  For applications for judicial review, in-person hearings are held at the Regional Centre for the region where the application is commenced.  A list of Regional Centre’s and addresses is set out in D.2.1. above.
  6. Requirement for counsel to gown in virtual hearings is set out tin Part 1 of the Court’s Notice to the Profession, Parties, Public and the Media. This requirement applies regardless of whether the hearing is before a panel or a single judge. In the case of videoconference hearings, parties must also ensure that they participate in the video conference from appropriate surroundings.
  7. Counsel are permitted to share conference call numbers or Zoom links with their clients and other members of their firm. In the case of videoconference hearings, if the parties anticipate that there will be broad media interest and/or public interest in the hearing, the parties should advise the court ahead of time so that appropriate arrangements can be made. For hearings not expected to generate media interest, any member of the media or the public who wishes to observe the remote proceeding may email their request to the local courthouse staff in advance of the hearing in accordance with Part C, paragraph 5 of the Notice to the Profession, Parties, Public, and Media

D.4. Submitting Electronic Documents for Hearings

  1. All documents required for a hearing must be available to the court electronically. The requirement of electronic documents applies to all matters, including cases where parties filed paper documents prior to the suspension of regular court operations. 
  2. Once a schedule is set for the exchange of materials, parties are to comply with the directions below for making electronic documents available for the hearing. If necessary, a teleconference may be arranged with an Administrative Judge or designate for directions respecting what materials are required and how they are to be provided to the Court.
  3. In general, hearing materials are to be uploaded to CaseLines. Parties will receive an email with a CaseLines link.  Unless a Divisional Court Administrative Judge or Divisional Court staff provide different directions, materials are to be uploaded on CaseLines as follows and in accordance with the following deadlines:
    1. Unless the Court approves an expedited or modified schedule, all materials are to be uploaded at least four weeks before the hearing date. (This does not apply to deadlines for the compendium for oral argument, counsel sheet or costs outline, which are addressed below.)
    2. All documents are to be uploaded in PDF format. The indexes to all records should include bookmarks. Factums should contain hyperlinks to authorities and to the records.
    3. Factums are also to be uploaded in Word format.
    4. In accordance with Rule 4.05.3(6), document names must set out (a) the document type, (b) the type of party submitting the document, (c) the name of the party submitting the document, and (d) the date on which the document was created or signed, in the format DD-MMM-YYYY (e.g., 12-JAN-2021). Examples of documents typically filed in the Divisional Court labelled in accordance with this direction are set out in Appendix B. Document names must not include firm specific naming conventions, abbreviations, or file numbers.
    5. Pages should be numbered sequentially within each PDF document.
    6. In accordance with Part II, paragraph 4 of the Notice to the Profession, Parties, Public and the Media, parties must not upload Books of Authorities containing the full text of authorities. CanLii citations to cases hyperlinked in the factums are required. The only exceptions are authorities not available on CanLII, such as excerpts from textbooks, foreign law, or Canadian decisions not reported on CanLII: these should be collected in an abbreviated brief of authorities and uploaded electronically.
    7. For hearings, in accordance with rule 4.05.3(3) of the Rules of Civil Procedure, each party must upload to CaseLines a compendium containing key materials that will be referred to in oral argument (e.g., fair extracts of documents, transcripts, previous orders, authorities, etc.). The compendium must include only those materials that will be referred to in argument and must have a table of contents hyperlinked to the sections within it and hyperlinks to authorities cited. The compendium for oral argument is to be uploaded to CaseLines as soon as possible before the hearing date. Where portions of cases are included in a compendium, the title of proceedings and headnote should be included as well. Where portions of the record are included in a compendium, the first page of the document and identification of where it may be found in the record, by reference to CaseLines page number, should also be provided.
    8. At least one day before the hearing, the parties are to upload a Participant Information Form setting out the name(s) of counsel and self-represented parties and the estimated time for submissions.
    9. Unless the court has directed an earlier deadline, at least one day before the hearing, the parties are to advise that they have reached agreement on costs or are to upload bills of costs and costs outlines.
    10. To assist the panel, each party’s documents should benamed using the convention set out in Appendix A and uploaded so that they are displayed in CaseLines in the following sequence:
        1. Factum
        2. Application Record/Appeal Book and Compendium/Motion Record
        3. Oral hearing compendium, if any
        4. Abbreviated Book of Authorities, if any
        5. Transcripts, if any
        6. Exhibit Books, if any
        7. Bill of Costs and Costs Outline
        8. Participant Information Form
        9. Other documents if any
    11. Adding a numerical prefix in the document name ensures that the documents remain listed in the correct order in CaseLines.
  4. The deadlines set out above take precedence over the deadlines set out in Rule 4.05.3 of the Rules of Civil Procedure.
  5. At the hearing of a case where documents have been uploaded to CaseLines, the parties should be prepared to use CaseLines-generated page numbers and the Direct Others to Page function or to advise the court of the CaseLines page number when referring to documents.
  6. It is the responsibility of the parties to ensure that all materials they upload for the matter comply with the Rules of Civil Procedure. Parties may depart from the Rules of Civil Procedure only if a judge grants them leave to do so. If a party uploads a document that does not comply with the Rules, the court may strike out the document, with or without leave to upload a new document that complies with the Rules of Civil Procedure and may order costs against the party that uploaded the non-compliant document.
  7. The maximum length of a factum is 30 pages, plus permitted appendices. Reply factums are not permitted, except on motions for leave to appeal in writing and only where the responding party’s factum raises an issue on which the moving party has not taken a position in the moving party’s factum (R.62.02(5) and R.61.03.1(11)).
  8. It is the responsibility of the parties to ensure that all materials they provide to the court for a matter contain only materials properly put before the court. Appeals and applications for judicial review are generally conducted solely on the record that was before the court or tribunal whose decision is under appeal or review in Divisional Court. Generally, parties are not permitted to add to the record below in Divisional Court unless they obtain an order from the Divisional Court permitting them to adduce fresh evidence. If a party uploads documents that are not properly before the Divisional Court, the court may strike out the documents, with or without leave to bring a motion to adduce fresh evidence and may order costs against the party that uploaded materials.
  9. A party who is unsure about the application of these principles in their case may raise that issue with the court during the case management process, either by email or at a case management conference.

D.5.     Filing Documents with the Court and Payment of Fees

  1. Uploading documents to CaseLines in accordance with this Notice to Profession or a case management direction or order does not constitute “filing” of documents. Documents are to be filed with the Divisional Court before they are uploaded to CaseLines by sending by email to the Court at the email address corresponding the judicial region where the case originiated (see D.2.1.)
  2. The subject line in the email is to include the following: “FOR FILING – Case name – File No. – Date of hearing”.
  3. Unless the court directs otherwise, where counsel and parties deliver materials by email, they must:
    1. maintain any documents that were originally signed, certified or commissioned in paper format until the thirtieth day after appeal period expires.
    2. on the request of the court, a Registrar or another party, make the original document available for inspection no later than five days after the request is made.
  1. Lawyers and parties should not file a paper copy of a document that was filed by email, unless the court directs otherwise.
  2. Parties are required to pay court fees for proceedings in the Divisional Courtunless they obtain a fee waiver certificate (see D. 5.6. below). Court fees for documents that were filed by email pursuant to this Notice can be paid to the Ministry of the Attorney General over the phone through a secure credit card transaction. Court office addresses and phone numbers can be found on the Ministry of the Attorney General’s All Court Locations page. Court fee payments may also be sent in the form of a cheque or money order by mail or courier to the Divisional Court office. Cheque/money order payments must be made payable to the Minister of Finance and accompanied by a covering letter that indicates the court file number and title of proceeding, identifies the document that was filed by email, date of the email filing, party who filed the document by email and the name of the representative of the party (if any). Court fee payments may also be made in person by cash, credit card, debit card, cheque, or money order at the Divisional court office.
  1. Information about requesting a fee waiver can be found on the Ministry of the Attorney General’s Have your court fees waived page.

 

D.6.     Self-Represented Litigants

  1. This direction applies to all matters in Divisional Court, whether parties are represented by counsel or are self-represented.  If a self-represented litigant is unable to conduct a case in accordance with any of the requirements set out in this Notice to the Profession, then the self-represented litigant shall advise the court of the difficulty and request variation in the requirements to enable that litigant to provide documents to the Court and participate in the hearing by some alternative means. These requests should be made promptly and can be submitted to the email address corresponding to the judicial region where the case originates (see table in D.2.1. above).
  2. Courthouse accessibility information can be found on the Ministry of the Attorney General’s Going to court: accessibility page.
  3. In preparing materials for an appeal or application for judicial review, self-represented parties are encouraged to refer to resources for the public on the Superior Court of Justice website at: https://www.ontariocourts.ca/scj/divisional-court/resources/.

D.7.     Case Management

  1. All matters in Divisional Court, and all steps in all matters in Divisional Court, are subject to judicial case management. The purpose of case management is to facilitate the timely adjudication of all matters in Divisional Court in a cost-effective and proportional manner.
  2. When the court is contacted by a party pursuant to this Notice to the Profession, the party’s request is subject to triage by an Administrative Judge of the Divisional Court or a designate. The triage judge may give directions on matters such as (a) jurisdiction, (b) timeliness of the matter, (c) prematurity (d) identification of proper parties to the matter, (e) the mode of hearing (in person or virtual), and (f) any other issue that, in the opinion of the triage judge, ought to be addressed with the parties. This part of the triage process does not preclude any party from raising preliminary issues with the court after the triage judge has given an initial direction.
  3. Where no preliminary issues are identified by the court, the triage judge will give scheduling directions. Parties should raise any preliminary issues they have at the time they address the court’s request for an agreed schedule from the parties.
  4. Where the triage judge is of the opinion that a case management conference is required to address any issue, the triage judge may direct that such a conference be scheduled by staff. Case management conferences are held by telephone unless the triage judge directs otherwise. The triage judge is not seized of case management unless the triage judge directs otherwise.
  5. Any timetable or deadline set through case management supersedes the deadlines set in the Rules of Civil Procedure.

D.8.     Motions for a Stay or Lifting a Stay Pending Appeal or Judicial Review

  1. Except in a case of urgency, the court will not schedule or grant a stay or a motion to lift a stay prior to conducting triage and making an initial case management direction/order in accordance with this Notice to Profession. A party seeking a stay of all or part of an order should raise this issue with the court at the earliest opportunity, generally when first contacting the court to request a hearing.
  2. Where a party is seeking a stay, that party is expected to agree to serve its materials and to participate in the hearing of the case as quickly as reasonably possible, to minimize the prejudice of any stay that may be granted. Where a party is responding to and opposing a motion for a stay, that party is expected to agree to prepare its responding materials and to participate in the hearing of the case as quickly as reasonably possible, to either obviate the need for a stay or to minimize the prejudice of granting or refusing a stay.
  3. An Administrative Judge of the Divisional Court or a case management judge may grant or decline a motion for stay or to lift a stay by case management direction/order or may direct that a motion be brought for a stay or to lift a stay, on such schedule and terms as the judge considers just, and may take into account the parties’ positions on scheduling the underlying case in deciding what process to follow and whether to grant or lift a stay and, if a stay is granted or lifted, on what terms.

D.9.     Costs of Triage and Case Management

  1. Unless the presiding judge orders otherwise, there shall be no costs associated with triage or case management in the Divisional Court. This principle is without prejudice to a party claiming costs in respect of the preparation of materials for use at the hearing of the underlying proceeding or step in the proceeding. For example, (a) an initial request to bring a case in Divisional Court will not ordinarily give rise to an award of costs, but the preparation of the Notice of Appeal or the Notice of Application provided to the court in support of the request is subject to a claim for costs in the underlying case; and (b) a request to bring a motion and/or a case management teleconference to consider and give directions in respect of the request to bring a motion will not ordinarily give rise to an award of costs, but the preparation of the Notice of Motion and/or other motion materials provided to the court in support of the request to bring the motion is subject to a claim for costs in the underlying motion.

D.10.   Release of Digital Court Recordings or Transcripts

  1. Digital court recordings or transcripts of case management conferences are generally not available, and where they may be available, cannot be obtained except with permission from the court in accordance with Part VI, C, of the Consolidated Provincial Practice Direction.

D.11.   Recording of Proceedings Not Permitted Without Leave

  1. Under section 136 of the Courts of Justice Act, it is an offence for anyone to copy, record, publish, broadcast or disseminate a court hearing or any portion of it, including a hearing conducted over videoconference or teleconference, without leave of the Court. This prohibition includes screenshots.

D.12.    Appeals from decisions of the Landlord and Tenant Board

  1. In respect of appeals from decisions of the Landlord and Tenant Board pursuant to s.210 of the Residential Tenancies Act, 2006 (the “RTA”), the following practices shall be followed in Divisional Court.

Delivery of Notice of Appeal

  1. Pursuant to R.63.01(3) of the Rules of Civil Procedure, “delivery of a notice of appeal” from an order under the RTA stays, until the disposition of the appeal, any provision of the order (a) declaring a tenancy agreement terminated or evicting a person, or (b) terminating a member’s occupancy of a member unit in a non-profit housing cooperative or evicting the member.
  2. A notice of appeal may be “delivered” within the meaning of R.63.01(3) by service of the notice of appeal and the appellant’s certificate respecting evidence on the Landlord and Tenant Board and on the landlord(s), and either:
    • transmission of the notice of appeal and the appellant’s certificate respecting evidence and proof of service to the Divisional Court by email to the email address corresponding to the judicial region where the case originates (see table in D.2.1. above); or
    • in-person filing of the notice of appeal, together with proof of service of the notice of appeal, with the Divisional Court (see court addresses in D.2.1. above).
  1. A notice of appeal shallbe in Form 61A.1 of the Rules of Civil Procedure and an appellant’s certificate respecting evidence shall be in Form 61C of the Rules of Civil Procedure. Current versions of forms prescribed under the Rules of Civil Procedure, including Form 61A.1 and 61C, are available on the Ontario Court Forms website.

 Required Information in the Notice of Appeal

  1. Notices of Appeal must include the following information:
    1. The name(s) and address for service of the Tenant(s) including a working email address if the Tenant(s) have one.
    2. The name(s) and address for service of the Landlord(s) including a working email address if the Landlord(s) have one that is known to the Tenant(s).
    3. The address for service used by the Tenant(s) to give notice of the appeal to the Landlord and Tenant Board.
    4. Particulars of the decision(s) appealed including:
      1. The date(s) of the decisions.
      2. The name(s) of the decision-makers.
      3. The file number(s) of the Landlord and Tenant Board proceedings.
      4. The location where the Landlord and Tenant proceeding took place
      5. Any neutral citations for the decisions being appealed (the identifying numbers for decision(s), expressed as follows: “[YEAR] ONLTB ###”, for example “2002 ONLTB 1234”.
    5. The address (including postal code) of the residence that is the subject-matter of the tenancy.
  1. Provided the notice of appeal contains the required information and complies with the requirements of s.210 of the RTA, and provided there is a proper appellant’s certificate respecting evidence, the Registrar receiving the notice of appeal shall confirm receipt of the notice of appeal to all parties at the addresses for service identified on the notice of appeal, if the notice of appeal has been received by email, or shall provide the appellant with an issued notice of appeal, if the notice of appeal has been received in person at a court office.

Requisitioning A Certificate of Stay

  1. Where a party wishes to obtain a “Certificate of Stay” certifying that the decision of the Landlord and Tenant Board has been stayed pending appeal pursuant to R.63.01(3) of the Rules of Civil Procedure, the party shall provide the court with a completed “Requisition for a Stay LLTB”, which may be in the form attached to this Notice to Profession as Schedule “A”.
  2. A “Requisition for a Stay LLTB” may be provided to the court in the same way and at the same time that a notice of appeal and appellant’s certificate respecting evidence is provided to the court.
  3. Upon receipt of a completed “Requisition for a Stay LLTB” in respect of an appeal previously commenced, or upon receipt of such a Requisition at the same time as receipt of a notice of appeal and appellant’s certificate respecting evidence complying with this Notice to Profession, the Registrar shall issue a certificate of stay in accordance with this Notice to Profession and
    1. If the Requisition was received by email, shall transmit a copy of the certificate of stay to all parties to their addresses for service identified on the notice of appeal; or
    2. If the Requisition was received in person at a courthouse, shall provide an original issued copy of the certificate to the appellant;
      and
    3. Shall, if the notice was received by email or was received in person at the Divisional Court, seek direction from an administrative judge of the Divisional Court or his/her designate

Appellant Responsible for Providing Certificate of Stay to the Sheriff

  1. It is the responsibility of the appellant to ensure that the certificate of stay is received by the Sheriff (Civil Enforcement Office ) in order to vacate any eviction date that is scheduled with the Sheriff.  Appellants should confirm with the Sheriff that the certificate of stay has been received and that the Sheriff knows that an eviction order has been stayed, and appellants should themselves provide the Sheriff with a copy of the Certificate of Stay directly if requested to do so by the Sheriff.

Requests to Set Aside Stays

  1. A Landlord wishing to make a request to set aside a stay of an order of the Landlord and Tenant Board pursuant to R.63.01(5) of the Rules of Civil Procedure may make that request by taking the steps set out below.
  2. Emailing the Divisional Court at the email address corresponding to the judicial region where the case originated (see the table at D.2.1. above) and requesting that the court lift the stay or schedule a motion for an order lifting the stay. The email should attach a copy of the notice of appeal and the certificate of stay respecting the appeal.  The email should explain the reason(s) why the landlord is seeking to have the stay lifted and, if these reasons include non-payment of rent, should set out a brief accounting of the rent.  The court will then give written directions and/or schedule a case management teleconference respecting the landlord’s request to set aside the stay.
  3. The court may issue case management directions requiring payment of ongoing rent and payment of or on account of arrears, in default of which the court may order the stay lifted, or, where a case management judge concludes that payment of ongoing rent and payment of or on account of arrears will not be made in accordance with reasonable terms for such payments, the case management judge may order the stay lifted.
  4. Any party with a stay pending appeal is responsible to move promptly with their appeal, and a case management judge may impose a schedule for obtaining transcripts and serving appeal materials that reflects this principle. Where a party with a stay fails to comply with a directed schedule for the appeal, a case management judge may, for this reason, order that the stay of the LTB order be lifted.

D.L. Corbett and Matheson JJ.

Divisional Court Administrative Judges

April 19, 2022; Amended October 17, 2022

 

Schedule “A”: Requisition for a Stay LLTB

Divisional Court CaseLines Naming Convention

Applicant

Factum – Applicant ABC Inc. – 01-JAN-2021
Application Record – Applicant ABC Inc. – 01-JAN-2021
Supplementary Application Record – Applicant ABC Inc. – 01-JAN-2021
Oral Argument Compendium – Applicant ABC Inc. – 01-JAN-2021
Book of Authorities– Applicant ABC Inc. – 01-JAN-2021
Transcript Brief – Applicant ABC Inc. – 01-JAN-2021
Exhibit Book – Applicant ABC Inc. – 01-JAN-2021
Counsel Slip – Applicant ABC Inc. – 01-JAN-2021
Cost Outline – Applicant ABC Inc. – 01-JAN-2021

Appellant

Factum – Appellant ABC Inc. – 01-JAN-2021
Appeal Book and Compendium – Appellant ABC Inc. – 01-JAN-2021
Oral Argument Compendium – Appellant ABC Inc. – 01-JAN-2021
Book of Authorities – Appellant ABC Inc. – 01-JAN-2021
Transcript Brief – Appellant ABC Inc. – 01-JAN-2021
Exhibit Book – Appellant ABC Inc. – 01-JAN-2021
Counsel Slip – Appellant ABC Inc. – 01-JAN-2021
Appellant’s Cost Outline – Appellant ABC Inc. – 01-JAN-2021

Moving party

Factum – Moving Party ABC Inc. – 01-JAN-2021
Motion record – Moving Party ABC Inc. – 01-JAN-2021
Oral Argument Compendium – Moving Party ABC Inc. – 01-JAN-2021
Book of Authorities – Moving Party ABC Inc. – 01-JAN-2021
Counsel Slip – Moving Party ABC Inc. – 01-JAN-2021
Cost Outlines – Moving Party ABC Inc. – 01-JAN-2021

Tribunal

Record of Proceedings – ABC Board – 01-JAN-2021

Respondent

Factum – Respondent Smith – 01-JAN-2021
Responding Record — Respondent Smith – 01-JAN-2021
Supplementary Respondent Record — Respondent Smith – 01-JAN-2021
Responding Appeal Book and Compendium – Respondent Smith – 01-JAN-2021
Oral Argument Compendium – Respondent Smith – 01-JAN-2021
Book of Authorities – Respondent Smith – 01-JAN-2021
Transcript Brief – Respondent Smith – 01-JAN-2021
Exhibit Book – Respondent Smith – 01-JAN-2021
Counsel Slip – Respondent Smith – 01-JAN-2021
Cost Outline – Respondent Smith – 01-JAN-2021

Additional documents not specifically identified in this Appendix are to be named by analogy.