When is the deadline for notice of appeal to court of appeal or divisional court?
The catalogue records a 30 days period from The making of the order 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
- The making of the order 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.
- RESTRICTED. r 3.02(3): an order extending or abridging a time prescribed by these rules and relating to an appeal to an appellate court may be made ONLY by a judge of the appellate court. A motions judge of the Superior Court cannot extend an appeal time. r 3.02(2) permits the motion after expiry. Where a statute fixes the appeal period, the statute prevails ('unless a statute or these rules provide otherwise') and the statutory period may not be extendable at all.
- Runs from the MAKING of the order, not from its entry, issue or the release of reasons. The forum is set by the Courts of Justice Act, not by this rule: s 6(1)(b) for final orders of a Superior Court judge to the Court of Appeal, s 19(1)(a) for final orders within the Divisional Court monetary threshold, s 19(1)(c) for final orders of an associate judge, and s 31 for final orders of the Small Claims Court above the prescribed amount. By r 61.04(1.1) the notice need not be served on a defendant noted in default or a respondent who has not delivered a notice of appearance. Thirty days exceeds the seven-day threshold, so holidays are counted. Amended by O Reg 3/26.