The Court held that the omission of a certified copy of the order appealed against from the record of appeal is a fatal defect under rule 85(1)(h) of the Court of Appeal Rules. Since this document is a primary requirement, its absence renders the appeal incurably incompetent. The appellant's counsel did not dispute the omission. Consequently, the appeal was struck out as incompetent, and costs were awarded to the respondents both for the appeal and the motion.