A transcript is a typed version of the oral appearances at the lower court or tribunal in the proceeding being appealed. A certified transcript can be obtained from:

  • a qualified transcriber for tribunal hearings
  • an Authorized Court Transcriptionist for court proceedings using the audio recording of the trial or hearing

Transcripts are prepared in a special format and must conform to the Rules. Once a transcript is prepared, it is certified and signed by the qualified transcriber or Authorized Court Transcriptionist as a true and accurate copy of the proceedings.

In appeals in the Divisional Court that were started on or after January 1, 2021, transcripts are served and filed in electronic format, unless the court orders otherwise.

When a transcript is required

A transcript is required if witnesses testified at the hearing and either party believes all or part of the testimony will be relevant to the appeal. Any oral rulings of the decision-maker may also need to be transcribed. If you are unsure whether or not you need a transcript, you should consult a lawyer.

The Rules say that the parties are required to talk about what transcripts are necessary for the appeal. The appellant is responsible for the preparation of all transcripts and they have to prove that they have made arrangements within 30 days after filing the Notice of Appeal to the Divisional Court. See Ordering a transcript for more details.

A complete transcript is not normally required for the hearing of an appeal, and unless you request a complete transcript, only the oral testimony of the witnesses and rulings by the decision-maker will be transcribed.

For both the appellant and the respondent, it is important to think carefully about what transcripts you will need for the appeal. If the judges decide that too much of the evidence was transcribed, they have the discretion to factor this into their decision about which party must pay the costs of the appeal and how much.

Ordering a transcript

Unless you have special directions from a judge, the appellant must obtain a Certificate of Ordering a Transcript for Appeal from an Authorized Court Transcriptionist for court proceedings or from the tribunal or board that made the order being appealed. The appellant must also file a copy of the certificate with the Divisional Court office within 30 days from the date the Notice of Appeal was filed.

It is the appellant’s responsibility to go back to the court/tribunal/board office that made the order being appealed and find out whether they made a recording of the evidence at your hearing and if and how you can get a transcript.

Some tribunals and boards prepare a record of proceedings instead of a transcript of evidence. If a court reporter was present at your tribunal/board hearing, it is usually the appellant’s responsibility to order the transcript directly from that reporter for the purposes of an appeal. For some tribunal proceedings, on payment of a fee, the parties may obtain a tape recording or CD (compact disc) of the hearing and then take it to a certified court reporting service to have a transcript produced.

For a transcript of a court proceeding to be accepted as evidence in an appeal, it must be prepared and certified by an Authorized Court Transcriptionist. You can contact an Authorized Court Transcriptionist by accessing the Registry of Authorized Court Transcriptionists for Ontario. You will need to make arrangements directly with the Authorized Court Transcriptionist you choose to hire (including availability to meet timelines, deposits, payment and delivery).

Each transcript page costs a prescribed fee. The length of the transcript depends on the length of the hearing you are appealing from and the amount of transcript you require. Learn more about court transcript fees.

Please note that the prescribed fee for transcripts of a court proceeding cannot be waived, even if the appellant has a fee waiver. Learn more about fee waivers.

It is the appellant’s responsibility to ensure the transcript, if required, is ordered in a timely manner. Failure to do so could negatively affect the hearing of your appeal.