Respondent’s Factum and Compendium
 61.12 (1) Every respondent shall, (a) serve on every other party to the appeal, (i) a typed or printed copy of the respondent’s factum, and (ii) the respondent’s compendium; (b) file with the Registrar, with proof of service, (i) three typed or printed copies of the respondent’s factum, and where the appeal is to be heard by five judges, two additional copies, and (ii) three copies of the respondent’s compendium, and where the appeal is to be heard by five judges, two additional copies; and (c) file with the Registrar an electronic version of the respondent’s factum.  O. Reg. 19/03, s. 17. Time for Delivery (2) The respondent’s factum and compendium shall be delivered within 60 days after service of the appeal book and compendium, exhibit book, transcript of evidence, if any, and appellant’s factum.  O. Reg. 19/03, s. 17. Contents of Respondent’s Factum (3) The respondent’s factum shall be signed by the respondent’s lawyer, or on the lawyer’s behalf by someone he or she has specifically authorized, and shall consist of, (a) Part I, containing a concise overview statement describing the nature of the case and of the issues; (b) Part II, containing a statement of the facts in the appellant’s summary of relevant facts that the respondent accepts as correct and those facts with which the respondent disagrees, and a concise summary of any additional facts relied on, with such reference to the transcript of evidence and the exhibits as is necessary; (c) Part III, containing the position of the respondent with respect to each issue raised by the appellant, immediately followed by a concise argument with reference to the law and authorities relating to that issue; (d) Part IV, containing a statement of any additional issues raised by the respondent, the statement of each issue to be followed by a concise argument with reference to the law and authorities relating to that issue; (e) Part V, containing a statement of the order that the appellate court will be asked to make, including any order for costs; (f) a certificate stating, (i) that an order under subrule 61.09 (2) (original record and exhibits) has been obtained or is not required, and (ii) how much time (expressed in hours or fractions of an hour) the lawyer estimates will be required for his or her oral argument, not including reply; (g) Schedule A, containing a list of the authorities referred to; and (h) Schedule B, containing the text of all relevant provisions of statutes, regulations and by-laws that are not included in Schedule B to the appellant’s factum.  O. Reg. 19/03, s. 17; O. Reg. 575/07, ss. 4, 28. (4) References to the transcript of evidence shall be by tab, page number and line in the respondent’s compendium, and references to exhibits shall be by page number in the exhibit book and by tab and page number in the respondent’s compendium.  O. Reg. 19/03, s. 17. (5) Parts I to V shall be arranged in paragraphs numbered consecutively throughout the factum.  O. Reg. 19/03, s. 17. Cross-Appeal (6) Where a respondent has served a notice of cross-appeal under rule 61.07, (a) the respondent shall prepare a factum as an appellant by cross-appeal and deliver it with or incorporate it in the respondent’s factum; and (b) the appellant shall deliver a factum as a respondent to the cross-appeal within 10 days after service of the respondent’s factum.  O. Reg. 19/03, s. 17. Contents of Respondent’s Compendium (7) The respondent’s compendium shall contain, in consecutively numbered pages with numbered tabs arranged in the following order, (a) a table of contents describing each document by its nature and date; (b) a copy of any excerpts from a transcript of evidence that are referred to in the respondent’s factum; (c) a copy of any exhibits that are referred to in the respondent’s factum; and (d) a copy of any other documents relevant to the hearing of the appeal that are referred to in the respondent’s factum.  O. Reg. 19/03, s. 17. Relief from Compliance (8) If it is necessary to do so in the interest of justice, a judge of the appellate court may give special directions and vary the rules governing the respondent’s factum and the respondent’s compendium.  O. Reg. 19/03, s. 17. 61.12.1 Revoked:  O. Reg. 19/03, s. 18. Dismissal for Delay Motion by Respondent 61.13 (1) Where an appellant has not, (a) filed proof that a transcript of evidence that the parties have not agreed to omit was ordered within the time prescribed by subrule 61.05 (5); or (b) perfected the appeal within the time prescribed by subrule 61.09 (1), the respondent may make a motion to the Registrar, on ten days notice to the appellant, to have the appeal dismissed for delay.  R.R.O. 1990, Reg. 194, r. 61.13 (1); O. Reg. 351/94, s. 5; O. Reg. 82/17, s. 10 (1). Notice by Registrar (2) Where the appellant has not, (a) filed a transcript of evidence within 60 days after the Registrar received notice that the evidence has been transcribed; or (b) perfected the appeal within one year after filing the notice of appeal, the Registrar may serve notice on the appellant that the appeal will be dismissed for delay unless it is perfected within ten days after service of the notice.  R.R.O. 1990, Reg. 194, r. 61.13 (2); O. Reg. 570/98, s. 12 (1). (2.1) Where no transcript of evidence is required for the appeal and the appellant has not perfected it within the time prescribed by subrule 61.09 (1), the Registrar may serve notice on the appellant that the appeal will be dismissed for delay unless it is perfected within 10 days after service of the notice.  O. Reg. 554/96, s. 1; O. Reg. 82/17, s. 10 (2). Registrar to Dismiss where Default not Cured (3) Where the appellant does not cure the default, (a) in the case of a motion under subrule (1), before the hearing of the motion; or (b) in the case of a notice under subrule (2) or (2.1), within ten days after service of the notice, or within such longer period as a judge of the appellate court allows, the Registrar shall make an order in (Form 61I) dismissing the appeal for delay, with costs fixed at $750, despite rule 58.13 and shall serve the order on the parties.  R.R.O. 1990, Reg. 194, r. 61.13 (3); O. Reg. 534/95, s. 6 (2); O. Reg. 168/05, s. 3; O. Reg. 82/17, s. 10 (3). Registrar to Dismiss where Time Prescribed by Court (3.1) Where an appellant has not perfected the appeal within the time prescribed by an order of the appellate court or a judge of that court, the Registrar shall make an order in (Form 61I) dismissing the appeal for delay, with costs fixed at $750, despite rule 58.13 and shall serve the order on the parties. O. Reg. 82/17, s. 10 (4). Cross-Appeals (4) Where a respondent who has served a notice of cross-appeal has not delivered a factum in the cross-appeal within 60 days after service of the appeal book and compendium, transcript of evidence and appellant’s factum, the appellant may make a motion to the Registrar, on five days notice to the respondent, to have the cross-appeal dismissed for delay.  R.R.O. 1990, Reg. 194, r. 61.13 (4); O. Reg. 570/98, s. 12 (2); O. Reg. 19/03, s. 19; O. Reg. 55/12, s. 8. (5) Where the respondent does not deliver a factum in the cross-appeal before the hearing of the motion under subrule (4) or within such longer period as a judge of the appellate court allows, the Registrar shall make an order in (Form 61I) dismissing the cross-appeal for delay, with costs fixed at $750, despite rule 58.13.  R.R.O. 1990, Reg. 194, r. 61.13 (5); O. Reg. 394/09, s. 27 (1). Motions for Leave (6) On a motion for leave to appeal, where the moving party has not served and filed the motion record and other documents in accordance with subrule 61.03 (2) or subrules 61.03.1 (4) to (6), the responding party may make a motion to the Registrar, on 10 days notice to the moving party, to have the motion for leave to appeal dismissed for delay.  O. Reg. 61/96, s. 8. (7) On a motion for leave to appeal, where the moving party has not served and filed the motion record and other documents within 60 days after the filing of the notice of motion for leave to appeal, the Registrar may serve notice on the moving party that the motion will be dismissed for delay unless the documents are served and filed within 10 days after service of the notice.  O. Reg. 61/96, s. 8. (8) On a motion for leave to appeal, where the moving party, (a) in the case of a motion under subrule (6), does not serve and file the documents before the hearing of that motion, or within such longer period as a judge of the appellate court allows; (b) in the case of a notice under subrule (7), does not serve and file the documents within ten days after service of the notice or within such longer period as a judge of the appellate court allows, the Registrar shall make an order in (Form 61J) dismissing the motion for delay, with costs fixed at $750, despite rule 58.13.  R.R.O. 1990, Reg. 194, r. 61.13 (8); O. Reg. 394/09, s. 27 (2).