When is the deadline for notice of appeal to the court of appeal - other order of judge or court?
The catalogue records a 25 working-days period from Date of the order appealed from (or, where no order has issued, the day the decision is made: r 90.13(4)). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 25 working-days
- Trigger
- Date of the order appealed from (or, where no order has issued, the day the decision is made: r 90.13(4))
- 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.
- Rule 90.13(3) itself - 'unless legislation provides, or a judge of the Court of Appeal permits, otherwise'. Rule 94.03(1): a person who wishes to obtain an extension of a period referred to in Section 50 of the Judicature Act may make a motion in an appeal or in reference to an intended appeal; r 94.03(2) - a judge may determine the motion by exercising a discretion similar to that recognized by Rule 2.03. Rule 90.37(12)(h): a judge of the Court of Appeal may order 'that any time prescribed by this Rule 90 be extended or abridged before or after the expiration thereof'. Judicature Act, RSNS 1989 c 240, s 50 authorises rules for extension 'notwithstanding that the time period has expired'. Never compute an extension - it requires a motion.
- The flagship civil appeal period. The table says '25 days, within the meaning of Rule 94', which expressly imports r 94.02(1) - so this is 25 CLEAR WORKING days, not 25 calendar days. Across a normal five-week span that difference is about 10 to 12 calendar days, and more across a holiday cluster. Rule 90.14 requires the appellant to deliver the notice of appeal to each respondent by this same deadline. Extendable, but only on motion - unlike a true jurisdictional bar.