Procedure on Appeal
 62.01 (1) Subrules (2) to (10) apply to an appeal that is made to a judge, (a) from an interlocutory order referred to in clause 17 (a) of the Courts of Justice Act; (b) from a certificate of assessment of costs, under clause 6 (1) (c) or 17 (b) or subsection 90 (4) of that Act; or (c) under any other statute, unless the statute or a rule provides for another procedure.  R.R.O. 1990, Reg. 194, r. 62.01 (1); O. Reg. 438/08, s. 49 (1); O. Reg. 711/20, s. 4; O. Reg. 383/21, s. 5. Time For Appeal (2) An appeal shall be commenced by serving a notice of appeal (Form 62A) on all parties whose interests may be affected by the appeal, within seven days after the making of the order or certificate appealed from.  R.R.O. 1990, Reg. 194, r. 62.01 (2); O. Reg. 14/04, s. 33 (1). Hearing Date (3) The notice of appeal shall name the first available hearing date that is not less than seven days after the date of service of the notice of appeal, and rule 37.05 (hearing date for motions) applies, with necessary modifications.  R.R.O. 1990, Reg. 194, r. 62.01 (3). Notice of Appeal (4) The notice of appeal (Form 62A) shall state the relief sought and the grounds of appeal, and no grounds other than those stated in the notice may be relied on at the hearing, except with leave of the judge hearing the appeal.  R.R.O. 1990, Reg. 194, r. 62.01 (4). (5) The notice of appeal shall be filed in the court office where the appeal is to be heard, with proof of service, not later than seven days before the hearing date.  R.R.O. 1990, Reg. 194, r. 62.01 (5); O. Reg. 171/98, s. 22 (1); O. Reg. 438/08, s. 49 (2). Place of Hearing (6) The appeal shall be heard at a place determined in accordance with rule 37.03 (where motions to be brought).  R.R.O. 1990, Reg. 194, r. 62.01 (6); O. Reg. 689/20, s. 46. Appeal Record (7) The appellant shall, not later than seven days before the hearing, serve on every other party and file, with proof of service, in the court office where the appeal is to be heard, an appeal record containing, in consecutively numbered pages arranged in the following order, (a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter; (b) a copy of the notice of appeal; (c) a copy of the order or certificate appealed from, as signed and entered, and the reasons, if any, as well as a further typed or printed copy of the reasons if they are handwritten; and (d) such other material that was before the judge or officer appealed from as is necessary for the hearing of the appeal, and a factum consisting of a concise argument stating the facts and law relied on by the appellant.  R.R.O. 1990, Reg. 194, r. 62.01 (7); O. Reg. 171/98, s. 22 (2); O. Reg. 206/02, s. 17 (1); O. Reg. 438/08, s. 49 (3). (8) The respondent shall serve on every other party, at least four days before the hearing, (a) a factum consisting of a concise argument stating the facts and law relied on by the respondent; and (b) any further material that was before the judge or officer appealed from and is necessary for the hearing of the appeal.  O. Reg. 14/04, s. 33 (2); O. Reg. 438/08, s. 49 (4). (8.1) The respondent’s factum, and any further material, shall be filed with proof of service in the court office where the appeal is to be heard, at least four days before the hearing.  O. Reg. 171/98, s. 22 (3); O. Reg. 438/08, s. 49 (5). (9) A judge may dispense with compliance with subrules (7) and (8), in whole or in part, before or at the hearing of the appeal.  R.R.O. 1990, Reg. 194, r. 62.01 (9). Abandoned Appeals (10) Rule 61.14 applies, with necessary modifications, to the abandonment of an appeal under this rule.  R.R.O. 1990, Reg. 194, r. 62.01 (10).