When is the deadline for notice of appeal from the court of justice to the court of king's bench?
The catalogue records a 30 days period from Date the judgment of the Court of Justice is given. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 30 days
- Trigger
- Date the judgment of the Court of Justice is given
- Counting
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- Rollovers and holidays
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- Section 46(2): the Court of King's Bench may, on application made before OR after expiry, by order fix a further period not exceeding 30 days from the date of the order within which the service and filing under s 46(1)(a) and (b) may be effected. Never compute that extension.
- ADDED ON VERIFICATION: the researched catalogue covered the Court of Justice small claims track but omitted its appeal deadline entirely, which is the single most commonly missed date on that track. The period runs from the date the JUDGMENT IS GIVEN, not from entry and not from written reasons, which makes it materially different from the Court of Appeal trigger in Rules of Court r 14.8(1). Both filing in the Court of Justice and service on the respondent must happen inside the 30 days. Section 48(1) provides that if an appellant fails to comply with s 46 "the appeal shall be dismissed by the Court of King's Bench". Rules of Court Part 13 does not govern this Act, so counting is under Interpretation Act s 22(4) and rollover under s 22(1) and (2). Section 37 of the Court of Justice Civil Procedure Regulation, Alta Reg 176/2018 fixes the filing venue. Verified against the Alberta King's Printer office consolidation of RSA 2000 c C-30.5 current as of 11 June 2025.