When is the deadline for court of appeal - notice of appeal where the judgment must be filed?
The catalogue records a 30 days period from Filing of the judgment appealed from in the court 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
- 30 days
- Trigger
- Filing of the judgment appealed from in the court 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.
- Extendable or abridgeable by the court or a judge under r 42, before or after the expiration of the prescribed time limit. The appeal period is therefore NOT jurisdictional in the strict sense, but an extension must be sought by motion supported by affidavit (r 43.1).
- COMPUTATION WARNING: the Court of Appeal Rules contain no computation-of-time provision and no definition of 'holiday'. King's Bench r 3.01 does NOT apply. Time is computed under The Interpretation Act, CCSM c I80, s 22(4) (the specified day is not included), with rollover under s 24(1) (holiday) and s 24(2) (office closed). Saturdays are not holidays under Interpretation Act s 23(1), so a Saturday expiry is saved only by the office-closure rule in s 24(2). A party who wishes to appeal must where practicable file the judgment in the court below before filing the notice of appeal (r 11(3)); if it is not filed, the notice may be filed with an explanatory letter (r 11(4)).