BOOKS OF AUTHORITIES
Filing books of authorities
22. (1) Books of authorities shall be filed no later than Thursday in the week before the week in which the appeal is scheduled to be heard.
Only authorities to be referred to included
(2) The book of authorities shall contain only those authorities intended to be referred to in oral argument.
Marking of authorities
(3) The authorities shall be marked to indicate those passages intended to be referred to in oral argument.
Copies to be legible
(4) The authorities shall be reproduced legibly.
Duplication of authorities to be avoided
(5) A party shall not duplicate authorities already filed with the court by another party.
Colour of cover
(6) The book of authorities shall be bound front and back in coloured stock of the same colour as the party’s factum.
23. (1) Any person interested in an appeal between other parties may by leave of the court, the Chief Justice of Ontario or the Associate Chief Justice of Ontario, intervene in the appeal upon such terms and conditions and with such rights and privileges as the court, the Chief Justice or the Associate Chief Justice determines.
(2) The factum of the intervener shall be bound front and back in white coloured stock.
APPEALS IN WRITING - (NON-INMATE)
Appellant to file appeal books, transcripts and written argument
24. (1) Where an appellant in an appeal that is not an inmate appeal indicates to the court that he or she desires to present the case on appeal and the argument in writing under subsection 688(3) of the Code, the appellant shall file an appeal book, transcript of evidence, if any, and all other material, except a factum, that would be required if the appeal were to be heard with oral argument, and file the written argument within thirty days after the material has been filed.
Appeal to be considered initially by single judge
(2) The material in the appeal shall be considered by a judge, who may give directions whether the Attorney General should be required to file written argument as respondent to the appeal and prescribe the times for doing so and for the filing of any reply in writing by the appellant.
Procedure where judge considers appeal should be dismissed
(3) If the judge considers that no written argument from the Attorney General is required, the judge shall prepare draft written reasons for dismissing the appeal, and the file shall then be referred to two members of the criminal panel.
(4) If the two members of the criminal panel agree with the judge and sign the reasons for dismissal the appeal shall be dismissed and the reasons for dismissal shall be dealt with as if the reasons were a reserved judgment.
Procedure where criminal panel requires argument from Crown
(5) If one of the two members of the criminal panel considers that written submissions should be required from the Attorney General, directions in that respect shall be given in accordance with the provisions of subrule (2).
(6) Where submissions have been required from the Attorney General, a copy of the submissions shall be transmitted to the appellant together with a notification that he or she may make written submissions in reply within fourteen days after receipt of the submissions of the Attorney General.
(7) When the appellant’s submissions in reply have been received, or the time for submitting them has expired, the appeal shall be referred for disposition to a criminal panel, which shall give written reasons for judgment, to be dealt with as if the reasons were a reserved judgment.
Criminal panel may require oral submissions
(8) Notwithstanding subrule (7), the criminal panel considering the appeal under that subrule may direct that the appeal be listed for hearing, and give notice to the appellant that he or she may attend and make oral submissions.
(9) Unless a judge otherwise orders, service of a notice on the appellant under this rule shall be by ordinary mail to the address as set out in the notice of appeal or as filed with the Registrar.
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