When is the deadline for filing a notice of appeal to the court of appeal?
The catalogue records a 1 month period from The "date of decision", defined by r 14.8(1) as the LATER of the date the judgment, order or other decision being appealed is made, or where reasons are given afterwards, the date the reasons are issued. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 1 month
- Trigger
- The "date of decision", defined by r 14.8(1) as the LATER of the date the judgment, order or other decision being appealed is made, or where reasons are given afterwards, the date the reasons are issued
- 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.
This route remains in preparation until a pinpoint official source is recorded.
- Rule 14.2(3) provides that r 13.5(1) does not apply to any time period in Part 14, so THE PARTIES CANNOT AGREE TO EXTEND an appeal deadline. The Court retains power: r 14.37(2)(c) allows a single appeal judge, where a notice of appeal or an application for permission is not filed within the time limit, to strike the appeal or application OR extend the time to appeal or to seek permission. Never compute an extension.
- The one month period covers BOTH filing and service (r 14.8(2)(b)). It is a residual period: an enactment-specific period under r 14.8(2)(a)(i) displaces it, and where permission was required the 10 day period in r 14.8(2)(a)(ii) applies instead. Counted under r 13.4(1) and (2), corresponding-date, so a 15 January decision gives 15 February and a 31 January decision gives 28 or 29 February. Filing venue is fixed by r 14.8(5): Calgary for appeals arising in Calgary, Drumheller, Lethbridge, Medicine Hat or Red Deer, Edmonton for all others.