Commencement of Appeals
 61.04 (1) An appeal to an appellate court shall be commenced by serving a notice of appeal (Form 61A or 61A.1) together with the certificate required by subrule 61.05 (1), within 30 days after the making of the order appealed from, unless a statute or these rules provide otherwise, (a) on every party whose interest may be affected by the appeal, subject to subrule (1.1); and (b) on any person entitled by statute to be heard on the appeal. O. Reg. 14/04, s. 31; O. Reg. 536/18, s. 2 (1). (1.1) The notice of appeal and certificate need not be served on, (a) a defendant who was noted in default; or (b) a respondent who has not delivered a notice of appearance, unless the respondent was heard at the hearing with leave.  O. Reg. 14/04, s. 31. Title of Proceeding (2) The title of the proceeding in an appeal shall be in accordance with Form 61B.  R.R.O. 1990, Reg. 194, r. 61.04 (2). Notice of Appeal (3) The notice of appeal (Form 61A or 61A.1) shall state, (a) the relief sought; (b) the grounds of appeal; and (c) the basis for the appellate court’s jurisdiction, including references to, (i) any provision of a statute or regulation establishing jurisdiction, (ii) whether the order appealed from is final or interlocutory, (iii) whether leave to appeal is necessary and if so whether it has been granted, and (iv) any other facts relevant to establishing jurisdiction. O. Reg. 19/03, s. 11; O. Reg. 536/18, s. 2 (2). (4) The notice of appeal, with proof of service, shall be filed in accordance with subrule 4.05 (4) (leaving in or mailing to court office) in the Registrar’s office within ten days after service.  R.R.O. 1990, Reg. 194, r. 61.04 (4). Certificate or Agreement Respecting Evidence Appellant’s Certificate Respecting Evidence 61.05 (1) In order to minimize the number of documents and the length of the transcript required for an appeal, the appellant shall serve and file, with proof of service, with the notice of appeal an appellant’s certificate respecting evidence (Form 61C) setting out only the portions of the evidence that, in the appellant’s opinion, are required for the appeal.  O. Reg. 570/98, s. 5; O. Reg. 82/17, s. 8 (1). Respondent’s Certificate Respecting Evidence (2) Within fifteen days after service of the appellant’s certificate, the respondent shall serve on the appellant, and file with proof of service, a respondent’s certificate respecting evidence (Form 61D), confirming the appellant’s certificate or setting out any additions to or deletions from it.  R.R.O. 1990, Reg. 194, r. 61.05 (2); O. Reg. 82/17, s. 8 (2). (3) A respondent who fails to serve and file a respondent’s certificate within the prescribed time shall be deemed to have confirmed the appellant’s certificate.  R.R.O. 1990, Reg. 194, r. 61.05 (3); O. Reg. 82/17, s. 8 (3). Agreement Respecting Evidence (4) Instead of complying with subrules (1) to (3), the parties may, within thirty days after service of the notice of appeal, make an agreement respecting the documents to be included in the appeal book and compendium and the transcript required for the appeal.  R.R.O. 1990, Reg. 194, r. 61.05 (4); O. Reg. 19/03, s. 12. Ordering Transcripts (5) The appellant shall within thirty days after filing the notice of appeal file proof that the appellant has ordered a transcript of all oral evidence that the parties have not agreed to omit, subject to any direction under subrule 61.09 (4) (relief from compliance).  R.R.O. 1990, Reg. 194, r. 61.05 (5). (6) A party who has previously ordered a transcript of oral evidence shall forthwith modify the order in writing to comply with the certificates or agreement.  R.R.O. 1990, Reg. 194, r. 61.05 (6). (7) When the evidence has been transcribed, the authorized court transcriptionist shall forthwith give written notice to all parties and the Registrar.  R.R.O. 1990, Reg. 194, r. 61.05 (7); O. Reg. 170/14, s. 20. Costs Sanctions for Unnecessary Evidence (8) The court may impose costs sanctions where evidence is transcribed or exhibits are reproduced unnecessarily.  R.R.O. 1990, Reg. 194, r. 61.05 (8).