25Collection of papers

25 Collection of papers

(1) Before the date appointed for settling the appeal papers, the appellant shall obtain and file in the Registry:

(a) the reasons for judgment of the court or judge below certified by the proper officer below; and

(b) a copy of the transcript of the proceedings below obtained from a Court Reporting Branch and corrected in accordance with subrules (3) and (4).

(2) If evidence was given orally but a copy of the transcript referred to in paragraph (1) (b) is not available:

(a) if notes of the evidence were taken by the presiding judge in the court below, the appellant shall, subject to any direction by the court or judge below obtain a copy of the notes and file the same in the Registry; or

(b) if notes of evidence are not obtainable pursuant to paragraph (a), the parties shall prepare a report of the evidence, which, subject to the directions of the court or judge below, shall be certified by the proper officer below, and shall be filed by the appellant in the Registry.

(3) An appellant who obtains a copy of the transcript referred to in paragraph (1) (b) shall:

(a) correct any errors that appear in it;

(b) submit a list of the corrections to the respondent; and

(c) afford the respondent a reasonable opportunity of examining the transcript and corrections.

(4) If the parties disagree upon the accuracy of any part of the transcript, or are unable to agree upon a correction, the question shall be submitted to the proper officer of the court or judge below for the directions of the court or judge on that matter.