When is the deadline for notice of appeal to the court of appeal?
The catalogue records a 30 days period from The date the order appealed from is pronounced. 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
- The date the order appealed from is pronounced
- 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.
- EXTENDABLE, and this is a genuine point of difference from many systems. Court of Appeal Act s 32(2): "A justice may extend or shorten a time limit, provided in this Act or the rules, for doing an act, including the time limit for commencing an appeal or application for leave to appeal." Section 32(3) confirms this applies even where the time limit expired before the application or the order. However s 35(1)(b) provides that an order extending or shortening the time limit for commencing an appeal or application for leave to appeal may NOT be varied by another justice. Never compute an extension - it requires an application to a justice.
- COUNT MODE DIFFERS FROM THE SUPREME COURT. The Court of Appeal Rules contain NO short-period holiday exclusion equivalent to SCCR r 22-4(1), so every day inside the 30 days is counted. Only the endpoint moves, under CA Rules r 2: time falling or expiring on a day other than a business day is extended to the next business day - which, unlike the Supreme Court position, does capture Saturdays directly. TRIGGER IS PRONOUNCEMENT, NOT ENTRY: the clock runs from when the order is pronounced, so delay in drawing and entering the order under SCCR r 13-1 does not postpone it. Both FILING and SERVICE must occur within the 30 days (r 6(1)). Where another enactment sets a different appeal period, that period governs: r 6(2)(b) and Act s 15(b). Amended by BC Reg 187/2022, s 1.