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When is the deadline for application for leave to appeal to the supreme court of canada from the federal court of appeal?

The catalogue records a 60 days period from Date of the judgment of the Federal Court of Appeal appealed from. This draft page remains free only until its source, worked example and limits are reviewed.

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Calculation basis and source

Period
60 days
Trigger
Date of the judgment of the Federal Court of Appeal appealed from
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.

  • The Supreme Court, or a judge of it, may extend the time under Supreme Court Act s 59, before or after expiry.
  • Included because it is the next step after a Federal Court of Appeal judgment and is routinely mis-diarised against the Federal Courts calendar. The month of JULY only is excluded by s 58(2) - this is narrower than the July AND August exclusion in Federal Courts Act s 27(2)(b), and the two must not be conflated. Runs from the DATE OF THE JUDGMENT, not from receipt or from the reasons. Under Federal Courts Rules r 357(1), where a Federal Court of Appeal judgment is delivered from the bench, a motion for leave under Supreme Court Act s 37.1 may be made at the time the judgment is delivered without prior notice. Section 58 read on verification and both the 60 day period and the July-only exclusion confirmed.

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