1.8 The appellant serves an appeal book
The appellant will serve you with the appeal book (see Rule 26) if their factum refers to any evidence. The appeal book contains evidence submitted at the previous proceeding, such as affidavits and documentary evidence. The appeal book must contain only so much of the evidence as is necessary to resolve the issues raised on the appeal. The appellant should not include new evidence that was not before the decision-maker below.
Appeal books must be prepared by following the paper or e-filing completion instructions on appeal books.
Read the Rules
Rule 26 Appeal Book
Alternately, if you and the appellant agree to file a joint appeal book, you may file one joint book together not more than 30 days after you file your written argument (factum).
Key Terms
Factum
Written submissions filed with the court. Factums include the following parts: cover page, table of contents, chronology, opening statement, statement of facts, errors in judgment or issues on appeal, argument, and nature of order sought.
DIY Tools
Word templates for factums are available here.
Completion instructions for Factums paper or e-filling.
At the same time as you are preparing your factum, you may want to consider whether you need any more evidence before the Court than what was in the appellant’s appeal book. If so, you must prepare a respondent’s appeal book, to be filed at the same time as your factum. The completion instructions on appeal books tell you exactly how your appeal book must appear. Be sure to follow those instructions carefully.
Get Help
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.”).
