Marginal note:Consolidation of appeals
342. (1) Unless the Court orders otherwise, where more than one party appeals from an order, all appeals shall be consolidated.
(2) The Court may give directions as to the procedure to be followed in a consolidation under subsection (1).
Marginal note:Agreement re appeal book
343. (1) Within 30 days after the filing of a notice of appeal, the parties shall agree in writing as to the documents, exhibits and transcripts to be included in the appeal book and shall file that agreement.
(2) The parties shall include in an appeal book only such documents, exhibits and transcripts as are required to dispose of the issues on appeal.
Marginal note:Motion to determine content of appeal book
(3) If no agreement is reached within the period referred to in subsection (1), the appellant shall, within 10 days after the expiration of that period, serve and file a notice of motion under rule 369 to request that the Court determine the content of the appeal book.
Marginal note:Order for transcripts or reproductions
(4) Where a transcript or the reproduction of exhibits is required, the appellant shall order it and shall file proof of the order within 10 days after filing an agreement under subsection (1) or obtaining an order under subsection (3).
Marginal note:Preparation of appeal book
(5) The appeal book shall be prepared by the appellant forthwith unless, on the motion of the appellant, the Court orders the Administrator to prepare an appeal book on the appellant's behalf from documents provided by the appellant.
Marginal note:Content of appeal book
344. (1) An appeal book shall have a grey cover and contain, on consecutively numbered pages and in the following order,
(a) a table of contents describing each document;
(b) the notice of appeal and any notice of cross-appeal;
(c) the order appealed from, as signed and entered, and any reasons, including dissenting reasons, given in respect of that order;
(d) the originating document, any other pleadings and any other document in the first instance that defines the issues in the appeal;
(e) subject to subsection (2), all documents, exhibits and transcripts agreed on under subsection 343(1) or ordered to be included on a motion under subsection 343(3);
(f) any order made in respect of the conduct of the appeal;
(g) any other document relevant to the appeal;
(h) an agreement reached under subsection 343(1) as to the contents of the appeal book or an order made under subsection 343(3); and
(i) a certificate in Form 344, signed by the appellant's solicitor, stating that the contents of the appeal book are complete and legible.
Marginal note:Transcripts separate
(2) Transcripts may be reproduced in a separate document.
- SOR/2006-219, s. 13.
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