When is the deadline for appeal to the federal court of appeal from an interlocutory judgment?
The catalogue records a 10 days period from Pronouncement of the interlocutory judgment. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 10 days
- Trigger
- Pronouncement of the interlocutory judgment
- 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.
- Expressly extendable by a judge of the Federal Court of Appeal before or after expiry. Extension is discretionary and not to be computed.
- Runs from PRONOUNCEMENT, not from receipt of the order or of the reasons. The July and August exclusion in s 27(2)(b) applies only to the 30 day branch - it does NOT apply to this 10 day interlocutory branch. Because this is a statutory period and not one provided by the Rules or fixed by an order of the Court, Federal Courts Rules r 6 does not govern it at all (r 6(1)); compute it under Interpretation Act ss 26 to 28. Corrected on verification: the researched note reasoned that r 6(2) was excluded "even though it is under 11 days", which misstates the threshold. Rule 6(2) reaches only a period of LESS THAN SEVEN DAYS provided by the Rules or fixed by an order (Federal Courts Rules, SOR/98-106, r 6(2), as amended by SOR/2021-244, s 3, read in full at laws-lois.justice.gc.ca), so a 10 day period would fall outside it in any event. The 10 day period and the pronouncement trigger in s 27(2)(a) are confirmed and unchanged.