When is the deadline for application for leave to appeal - decision of the workers' compensation appeals tribunal?
The catalogue records a 30 working-days period from Day of receipt of written communication of the decision of the Workers' Compensation Appeals Tribunal (NOT the date of the order). 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 working-days
- Trigger
- Day of receipt of written communication of the decision of the Workers' Compensation Appeals Tribunal (NOT the date of the order)
- 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.
- Leave of the Court of Appeal is mandatory in every case: WCA s 256(2). Rule 90.13(3) - "unless legislation provides, or a judge of the Court of Appeal permits, otherwise". Rule 90.37(12)(h); r 94.03; Judicature Act, RSNS 1989 c 240, s 50. Note that s 256(3)(a) is drafted as a condition on the Court's power to grant leave ("shall not grant leave ... unless"), which makes late compliance a much weaker prospect than an ordinary Rule 90 extension. Never compute an extension.
- Expressly 'within the meaning of Rule 94', so clear working days apply - contrast the Divorce Act row in the same table, which is expressly NOT counted under Rule 94. Corrected on verification: the research draft gave the trigger as "Date of the order under the Workers' Compensation Act". That is wrong. Workers' Compensation Act, SNS 1994-95 c 10, s 256(3)(a) (nslegislature.ca consolidation to 1 January 2026, as amended by 2025 c 21 s 44) runs the thirty days from "the receipt of written communication of the decision of the Appeals Tribunal", and the step is an application for LEAVE to appeal, not a notice of appeal, because s 256(2) makes leave mandatory. The Court of Appeal's own civil appeals manual makes the same point, that the clock "starts when you receive written communication of the decision" (NSCA, A How-To Manual for Civil Appeals). The period and the count mode are confirmed: thirty days, and because s 256(3)(a) is a period of days in a provincial statute for applying for permission to appeal, r 90.13(2) and r 94.02(5) require it to be calculated under Rules 94.02(1) to (4) and expressly not as provided in the Interpretation Act. An engine keyed to the order date rather than the receipt date understates the time available by however long the decision was in the post, and misdescribes the step.