Court of Appeal solicitors' civil and criminal appeal files Help


Ontario Government Record Series RG 22-523

Court of Appeal solicitors' civil and criminal appeal files


About these records

Title
Court of Appeal solicitors' civil and criminal appeal files
Dates of Creation
1945-1982, predominant 1950-1980
Physical Description

938.7 metres of textual records

Scope and Content

Series consists of civil appeal and criminal appeal case files filed with the Registrar of the Court of Appeal for Ontario.

In civil cases, an appeal consists of: the notice of appeal as well as any cross appeal by the respondent; a copy of the lower court or tribunal decision appealed from; a copy of the reasons given for the lower court or tribunal's decision; copies of the lower court pleadings that define the initial factual and legal issues; copies of all affidavits and documentary evidence that the parties have not agreed to omit; copies of interim orders effecting the case; and any other documentation believed relevant to the appeal.

Factums are prepared by the appellant and the respondent summarising the facts of the cases, the issues in dispute and the relevant case law, and a draft statement of the order that the Court of Appeal will be asked to make. A copy of the Court of Appeal's reasons for judgment is often, but not always, found in the file.

In criminal cases, an appeal usually consists of: a copy of the application for leave to appeal the decision; the notice of the appeal and related affidavit of service; a copy of the police information or criminal indictment; a certificate of acquittal or conviction before the lower court (including the sentence); a list of exhibits; and a complete set of transcripts of lower court hearings.

Also in the file are copies of arguments made by the appellant and respondent over issues of fact and law and a copy of the Court of Appeal's reasons for judgment.

The series is arranged by the year the appeal was commenced and within each year by chronologically assigned file numbers.

Restrictions on Access
This series includes open and restricted records. No restrictions on access to civil files unless sealed by a Court order. Generally, the following documents can be made available to the public after review: the indictment; police information; a transcript of any public hearing; orders; information about the jury verdict; and the sentence. If a file is sealed by a Court order, it cannot be made available. 1800-1957: These volumes have been microfilmed (entries about pardoned individuals have been obscured). Researchers must use microfilm copies of volumes. The following criminal records are restricted: pre-sentence reports; psychiatric information; medical information; exhibits; victim impact statements; and witness statements not heard in open court. This series includes open and restricted records. No restrictions on access to civil files unless sealed by a Court order. Generally, the following documents can be made available to the public after review: the indictment; police information; a transcript of any public hearing; orders; information about the jury verdict; and the sentence. If a file is sealed by a Court order, it cannot be made available. 1800-1957: These volumes have been microfilmed (entries about pardoned individuals have been obscured). Researchers must use microfilm copies of volumes. The following criminal records are restricted: pre-sentence reports; psychiatric information; medical information; exhibits; victim impact statements; and witness statements not heard in open court. This series includes open and restricted records. No restrictions on access to civil files unless sealed by a Court order. Generally, the following documents can be made available to the public after review: the indictment; police information; a transcript of any public hearing; orders; information about the jury verdict; and the sentence. If a file is sealed by a Court order, it cannot be made available. 1800-1957: These volumes have been microfilmed (entries about pardoned individuals have been obscured). Researchers must use microfilm copies of volumes. The following criminal records are restricted: pre-sentence reports; psychiatric information; medical information; exhibits; victim impact statements; and witness statements not heard in open court.
Terms For Use and Reproduction
Copyright is primarily held by the Crown. There are no restrictions on reproduction. Permission of the Archives of Ontario is required for publication.
Related Material

Beginning in 1960, appeals made by prisoners without the assistance of a lawyer were filed in a separate series. See Series RG 22-524 (Court of Appeal prisoner appeal files) for these records.

Notes

File 196/62 concerning Regina vs Ronald Turpin has been microfilmed onto reels MS 7225 through MS 7227. Researchers must use the microfilm as the original file has been closed.

File 207/62 concerning Regina vs Arthur Lucas has been microfilmed onto reels MS 7228 through MS 7229. Researchers must use the microfilm as the original file has been closed.

Finding Aid
An index to this series for 1913-1960 can be found in RG 22-559 (Court of Appeal tally books).

Agency or agencies that created these records

These records were created by the following Ontario government agency or agencies. Click on the agency reference code for information about this agency and other records it created.

1945-1996 :

Court of Appeal (BA49)

How to order these records

From our Reading Rooms

In order to gain access to the records, you must know the file number of the file in which you are interested.

For pre-1962 files, use the tally books in Series RG 22-559 to locate a case file number.

To locate post-1961 file numbers, please contact the following office:

Court of Appeal Office, 130 Queen St. West, Toronto, Ontario M5H 2N5, Tel: (416) 327-5020 or (416) 327-5101, Fax: (416) 327-5032.

Once you have obtained a file number, please contact a Reference Archivist for information about obtaining access to this material.

Scroll up to "Finding Aid" for more information about any available finding aids or listings.

By Microfilm Interloan
This material is not available through Interloan.