When the Appellant Fails to Perfect the Appeal in Time: Inaction is not an Option
The interests of justice are not well served if appeals to the Court of Appeal of Ontario are not commenced, perfected, listed for hearing, heard and decided expeditiously. A timely process ensures that the principles of finality and reviewability are respected and that if proceedings are returned to trial courts, the evidence remains available and not unduly separated from the events the witnesses describe. A respondent to an appeal that has not been perfected in time has several options available under the Criminal Appeal Rules and current Practice Direction of the ONCA, for example: Under Rule 20(2), a request may be sent to the Registrar to have the appeal placed before a panel of the court to be dismissed as abandoned unless perfected within ten days of service of the notice. Under Rule 19, a respondent may seek directions from the chambers judge. This judge may refer the appeal to a panel for dismissal or set a deadline for perfection. Under section 9.11 of the court’s Prac