2.6 Put together your appeal book
Not more than 30 days after filing the appeal record, you must file and serve both your factum and your appeal book. If you and the respondent agree to file a joint appeal book, you may file one joint book together not more than 30 days after the respondent files their factum.
The appeal book contains evidence submitted at the previous proceeding, such as affidavits and documents, but there is no need to include all the evidence from the previous proceeding. In fact, it must only contain the specific evidence necessary to resolve the issues raised on the appeal.
Most importantly, you cannot include new evidence that was not before the decision-maker below, except in rare circumstances.
Appeal books must be prepared by following the completion instructions on appeal books. The completion instructions tell you exactly how the appeal book should look and what it must contain. Be sure to follow the instructions carefully.
The appeal book should contain all the evidence that you refer to in your factum, such as:
- Other documents that relate to evidence. (These documents must have been put into evidence in the previous hearing; for example, a contract between you and the respondent.)
Not more than 30 days after filing the appeal record, you must:
- File at least 6 copies of the appeal book in the registry – 4 for use by the court, one copy for your own use, plus enough copies to serve on each respondent.
- Serve a filed copy of the appeal book on each respondent.
Within 30 days of filing the appeal record, you must file at least 6 copies of the appeal book with the registry and serve the respondent with a filed copy of the appeal. E-filing is also available as an option. Consult the e-filing completion instructions for appeal books.
You have the option of filing a joint appeal book together with the respondent. Preparing one joint book that only contains the evidence necessary to resolve the issues on appeal may help to keep costs down.
There are professional service providers who will prepare your appeal record and appeal book for a fee. You can find these providers by looking at the brochures available at the Court of Appeal Registry or doing an Internet search (e.g., search for “appeal book preparation B.C.”).
If you are not filing a joint appeal book with the respondent, the respondent will be required to file their own appeal book when they file their factum (unless their factum only refers to evidence that is included in your appeal book).