Dismissal for Delay
 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).