Motion for Leave to Appeal
 62.02 (1) Leave to appeal to the Divisional Court from any of the following orders shall be obtained from a panel of that court in accordance with this rule: 1. An interlocutory order of a judge of the Superior Court of Justice, under clause 19 (1) (b) of the Courts of Justice Act. 2. A final order of a judge of the Superior Court of Justice for costs, under clauses 19 (1) (a) and 133 (b) of the
Courts of Justice Act. O. Reg. 536/18, s. 4 (1). (1.1) Revoked: O. Reg. 82/17, s. 14 (1). Motion in Writing (2) The motion for leave to appeal shall be heard in writing, without the attendance of parties or lawyers. O. Reg. 170/14, s. 22 (2). Notice of Motion (3) Subrules 61.03.1 (2) and (3) apply, with necessary modifications, to the notice of motion for leave. O. Reg. 170/14, s. 22 (2). Grounds on Which Leave May Be Granted (4) Leave to appeal from an interlocutory order shall not be granted unless, (a) there is a conflicting decision by another judge or court in Ontario or elsewhere on the matter involved in the proposed appeal and it is, in the opinion of the panel hearing the motion, desirable that leave to appeal be granted; or (b) there appears to the panel hearing the motion good reason to doubt the correctness of the order in question and the proposed appeal involves matters of such importance that, in the panel’s opinion, leave to appeal should be granted. R.R.O. 1990, Reg. 194, r. 62.02 (4); O. Reg. 82/17, s. 14 (2, 3); O. Reg. 536/18, s. 4 (2). Procedures (5) Subrules 61.03.1 (4) to (19) (motion for leave to appeal to Court of Appeal) apply, with the following and any other necessary modifications, to the motion for leave to appeal: 1. References in those subrules to the Court of Appeal shall be read as references to the Divisional Court. 2. For the purposes of subrule 61.03.1 (4), i. the moving party’s factum shall be limited to those facts, issues, statements of law and authorities that are relevant to a ground on which leave to appeal may be granted, and ii. the motion record served by the moving party shall include a document or portion of a document, including a transcript of evidence, only if the document or portion of a document is relevant to a ground on which leave to appeal may be granted and is referred to in the moving party’s factum. 3. For the purposes of subrules 61.03.1 (7) and (8), i. the responding party’s factum shall be limited to those facts, issues, statements of law and authorities that are relevant to a ground on which leave to appeal may be granted, and ii. any motion record served by the responding party shall include a document or portion of a document, including a transcript of evidence, only if the document or portion of a document is relevant to a ground on which leave to appeal may be granted and is referred to in the responding party’s factum. O. Reg. 455/19, s. 1. (6), (6.1), (6.2) Revoked: O. Reg. 170/14, s. 22 (3). (6.3) Revoked:  O. Reg. 394/09, s. 30 (3). (7) Revoked:  O. Reg. 82/17, s. 14 (5). Subsequent Procedure Where Leave Granted (8) Where leave is granted, the notice of appeal required by rule 61.04, together with the appellant’s certificate respecting evidence required by subrule 61.05 (1), shall be delivered within seven days after the granting of leave, and thereafter Rule 61 applies to the appeal.  R.R.O. 1990, Reg. 194, r. 62.02 (8). RULE 63  STAY PENDING APPEAL Automatic Stay on Delivery of Notice of Appeal Payment of Money 63.01 (1) The delivery of a notice of appeal from an interlocutory or final order stays, until the disposition of the appeal, any provision of the order for the payment of money, except a provision that awards support or enforces a support order.  O. Reg. 465/93, s. 8. Exception, Default Judgment (2) The delivery of a notice of appeal from an order refusing to set aside a default judgment does not stay the default judgment, but it may be stayed by order and rule 63.02 applies as if the appeal were from the default judgment.  O. Reg. 465/93, s. 8. Eviction Order Under Residential Tenancies Act, 2006 (3) The delivery of a notice of appeal from an interlocutory or final order made under the Residential Tenancies Act, 2006 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 co-operative and evicting the member. O. Reg. 43/14, s. 20 (2). Co-operative Housing Orders (4) The delivery of a notice of appeal from an interlocutory or final order made under the Co-operative Corporations Act stays, until the disposition of the appeal, any provision of the order declaring occupancy rights terminated or directing that a writ of possession issue.  O. Reg. 465/93, s. 8. Lifting Stay (5) A judge of the court to which the appeal is taken may order, on such terms as are just, that the stay provided by subrule (1), (3) or (4) does not apply.  O. Reg. 465/93, s. 8. Stay by Order By Trial Court or Appeal Court 63.02 (1) An interlocutory or final order may be stayed on such terms as are just, (a) by an order of the court whose decision is to be appealed; (b) by an order of a judge of the court to which a motion for leave to appeal has been made or to which an appeal has been taken.  O. Reg. 465/93, s. 8. Expiry of Trial Court Stay (2) A stay granted under clause (1) (a) expires if no notice of motion for leave to appeal or no notice of appeal, as the case may be, is delivered and the time for the delivery of the relevant notice has expired.  O. Reg. 534/95, s. 7. Setting aside or Varying Stay (3) A stay granted under subrule (1) may be set aside or varied, on such terms as are just, by a judge of the court to which a motion for leave to appeal may be or has been made or to which an appeal may be or has been taken.  O. Reg. 465/93, s. 8. Support Order (4) A party who obtains a stay of a support order shall obtain a certificate of stay under subrule 63.03 (4) and file it forthwith in the office of the Director of the Family Responsibility Office.  O. Reg. 292/98, s. 2. Effect of Stay Generally 63.03 (1) Where an order is stayed, no steps may be taken under the order or for its enforcement, except, (a) by order of a judge of the court to which a motion for leave to appeal has been made or an appeal has been taken; or (b) as provided in subrules (2) and (3).  R.R.O. 1990, Reg. 194, r. 63.03 (1). Entry of Order and Assessment of Costs (2) A stay does not prevent the settling, signing and entering of the order or the assessment of costs.  R.R.O. 1990, Reg. 194, r. 63.03 (2). Writ of Execution (3) A stay does not prevent the issue of a writ of execution or the filing of the writ in a sheriff’s office or land registry office, but no instruction or direction to enforce the writ shall be given to a sheriff while the stay remains in effect.  R.R.O. 1990, Reg. 194, r. 63.03 (3). Certificate of Stay (4) Where an order is stayed, the registrar of the court, (a) that granted the stay; or (b) to which an appeal has been taken, shall issue, on requisition by a party to the appeal, a certificate of stay (Form 63A) and, when the certificate has been filed with the sheriff, the sheriff shall not commence or continue enforcement of the order until satisfied that the stay is no longer in effect.  R.R.O. 1990, Reg. 194, r. 63.03 (4); O. Reg. 288/99, s. 22 (1). (5) A requisition for a certificate of stay under subrule (4) shall state whether the stay is under subrule 63.01 (1) or by order under subrule 63.02 (1), and if by order, shall set out particulars of the order.  R.R.O. 1990, Reg. 194, r. 63.03 (5); O. Reg. 288/99, s. 22 (2). (5.1) If an order of the Landlord and Tenant Board is stayed under subsection 25 (1) of the Statutory Powers Procedure Act, the registrar of the court to which an appeal has been taken shall issue, on requisition by a party to the appeal, a certificate of stay (Form 63B) and, when the certificate has been filed with the sheriff, the sheriff shall not commence or continue enforcement of the order until satisfied that the stay is no longer in effect.  O. Reg. 288/99, s. 22 (3); O. Reg. 43/14, s. 21 (1). (5.2) A requisition for a certificate of stay under subrule (5.1) shall state that there is no order of the Landlord and Tenant Board that would prevent the automatic stay pending appeal.  O. Reg. 288/99, s. 22 (3); O. Reg. 43/14, s. 21 (2). Setting Aside Writ of Execution (6) A judge of the court to which a motion for leave to appeal has been made or an appeal has been taken may set aside the issue or filing of a writ of execution where the moving party or appellant gives security satisfactory to the court.  R.R.O. 1990, Reg. 194, r. 63.03 (6). PARTICULAR PROCEEDINGS RULE 64  MORTGAGE ACTIONS