Cross-Appeals
 61.07 (1) A respondent who, (a) seeks to set aside or vary the order appealed from; or (b) will seek, if the appeal is allowed in whole or in part, other relief or a different disposition than the order appealed from, shall, within fifteen days after service of the notice of appeal, serve a notice of cross-appeal (Form 61E) on all parties whose interests may be affected by the cross-appeal and on any person entitled by statute to be heard on the appeal, stating the relief sought and the grounds of the cross-appeal.  R.R.O. 1990, Reg. 194, r. 61.07 (1). (1.1) A respondent may, subject to subrule (1.2), serve a notice of cross-appeal without obtaining leave to appeal for the cross-appeal if, (a) there is an appeal as of right; or (b) leave to appeal has been granted.  O. Reg. 206/02, s. 15. (1.2) The respondent shall obtain leave to appeal in the manner provided by subrule 61.03 (8) or 61.03.1 (18), as the case may be, if the cross-appeal is taken under a statute that requires leave for an appeal.  O. Reg. 394/09, s. 26. (2) The notice of cross-appeal, with proof of service, shall be filed in the office of the Registrar within ten days after service.  R.R.O. 1990, Reg. 194, r. 61.07 (2). (3) Where a respondent has not delivered a notice of cross-appeal, no cross-appeal may be heard except with leave of the court hearing the appeal.  R.R.O. 1990, Reg. 194, r. 61.07 (3). Amendment of Notice of Appeal or Cross-Appeal Supplementary Notice to be Served and Filed 61.08 (1) The notice of appeal or cross-appeal may be amended without leave, before the appeal is perfected, by serving on each of the parties on whom the notice was served a supplementary notice of appeal or cross-appeal (Form 61F) and filing it with proof of service.  R.R.O. 1990, Reg. 194, r. 61.08 (1). Argument Limited to Grounds Stated (2) No grounds other than those stated in the notice of appeal or cross-appeal or supplementary notice may be relied on at the hearing, except with leave of the court hearing the appeal.  R.R.O. 1990, Reg. 194, r. 61.08 (2). Relief Limited (3) No relief other than that sought in the notice of appeal or cross-appeal or supplementary notice may be sought at the hearing, except with the leave of the court hearing the appeal.  R.R.O. 1990, Reg. 194, r. 61.08 (3). Perfecting Appeals Time for Perfecting 61.09 (1) The appellant shall perfect the appeal by complying with subrules (2) and (3), (a) where no transcript of evidence is required for the appeal, within thirty days after filing the notice of appeal; or (b) where a transcript of evidence is required for the appeal, within 60 days after receiving notice that the evidence has been transcribed.  R.R.O. 1990, Reg. 194, r. 61.09 (1); O. Reg. 570/98, s. 6 (1). Record and Exhibits Only If Required (2) If the appellant or the respondent believes that a part of the record or the original exhibits from the court or tribunal from which the appeal is taken is required for the proper hearing of the appeal, the appellant or respondent may move before a judge of the appellate court for an order that they be sent to the Registrar.  O. Reg. 24/00, s. 8; O. Reg. 653/00, s. 5. Material to be Served and Filed (3) The appellant shall, (a) serve on every other party to the appeal and any other person entitled by statute or an order under rule 13.03 (intervention in appeal) to be heard on the appeal, (i) the appeal book and compendium referred to in rule 61.10, (ii) the exhibit book referred to in rule 61.10.1, (iii) in the case of a proceeding in the Court of Appeal or if ordered by the court, a typed or printed copy of the transcript of evidence, (iv) an electronic version of the transcript of evidence, and (v) a typed or printed copy of the appellant’s factum referred to in rule 61.11; (b) file with the Registrar, with proof of service, (i) three copies of the appeal book and compendium, and where the appeal is to be heard by five judges, two additional copies, (ii) one copy of the exhibit book, (iii) in the case of a proceeding in the Court of Appeal or if ordered by the court, a typed or printed copy of the transcript of evidence, (iv) an electronic version of the transcript of evidence, (v) three typed or printed copies of the appellant’s factum, and where the appeal is to be heard by five judges, two additional copies, and (vi) an electronic version of the appellant’s factum; and (c) serve on every person served under clause (a), and file with the Registrar, a certificate of perfection, (i) stating that the appeal book and compendium, exhibit book, transcripts, if any, and appellant’s factum have been filed, and (ii) setting out, with respect to every party to the appeal and any other person entitled by statute or by an order under rule 13.03 (intervention in appeal) to be heard on the appeal, (A) the name, address and telephone number of the party’s or other person’s lawyer, or (B) the name, address for service and telephone number of the party or other person, if acting in person.  O. Reg. 570/98, s. 6 (2); O. Reg. 19/03, s. 13 (1-3); O. Reg. 260/05, s. 14; O. Reg. 170/14, s. 21; O. Reg. 82/17, s. 9; O. Reg. 689/20, s. 44; O. Reg. 248/21, s. 13. Relief from Compliance (4) 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 appeal book and compendium, the exhibit book, the transcript of evidence and the appellant’s factum.  O. Reg. 19/03, s. 13 (4). Notice of Listing for Hearing (5) When an appeal is perfected, the Registrar shall place it on the list of cases to be heard at the appropriate place of hearing and shall mail a notice of listing for hearing (Form 61G) to every person listed in the certificate of perfection.  R.R.O. 1990, Reg. 194, r. 61.09 (5).