When is the deadline for notice of appeal to the court of appeal (no notice of intention filed)?
The catalogue records a 28 days period from The material date as defined in UCPR r 51.2. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The material date as defined in UCPR r 51.2
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
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- r 51.16(2): the Court may extend time under subrule (1)(a) or (c) at any time. r 1.12 also applies. Not computed.
- This is the headline 28 day Court of Appeal period. It is displaced where a notice of intention to appeal has been filed and served (three months under r 51.9, applied by r 51.16(1)(b)) or where the notice of appeal is filed pursuant to a grant of leave (7 days under r 51.16(1)(a)). Counted from the material date under r 51.2 and reckoned under UCPR r 1.11(2), so the material date itself is not counted. Corrected on verification: the researched entry described the obligation as "filed within 28 days". r 51.16(1) requires the notice of appeal to be FILED AND SERVED on each necessary party within the period, so a notice filed on day 28 but served later is out of time. A copy must also be filed or lodged with the court below under r 51.42.