When is the deadline for deposit of $500 security for costs on bringing an appeal?
The catalogue records a 30 days period from Date of the judgment appealed from or, where leave to appeal was required and has been granted, the date of the judgment granting leave. 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
- Date of the judgment appealed from or, where leave to appeal was required and has been granted, the date of the judgment granting leave
- Counting
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- Supreme Court Act s 59(1) extension under special circumstances, either before or after expiry, by the court appealed from or a judge of it or by the Supreme Court or a judge. Rule 88(1) allows a motion to a judge or the Registrar for an exemption from providing security, supported by an affidavit under r 88(2) that the party's net assets, exclusive of the family home and the subject matter of the proceeding, do not exceed $5,000 and that the party is unable to provide security. Rule 6(1) does not reach a statutory period.
- ADDED ON VERIFICATION: the researched catalogue mentioned the $500 deposit only inside the notes to the notice of appeal entries and gave it no entry of its own, which hides a separately missable step behind a deadline that looks satisfied. Section 60(1) provides that an appeal is BROUGHT by doing both things within the s 58 time, so an appellant who serves and files the notice of appeal on the thirtieth day but does not deposit security by then has not brought the appeal. Security is not required at all in the cases listed in s 64: appeals by or on behalf of the Crown, election cases, cases in the Federal Court of Appeal or the Federal Court, criminal cases, and proceedings for or on a writ of habeas corpus. July is excluded because the period is the s 58 time (s 58(2)); the 23 December to 3 January recess does not suspend it because r 5.1 is expressly subject to s 58. Where the security deposited is other than money it must be approved under s 60(2), and the separate s 60(3) seven-day notice to affected parties then runs from the later of deposit and approval. Money deposited as security may later be paid out under r 86 and bears interest under r 87. Source: Supreme Court Act, RSC 1985, c S-26, ss 58, 59, 60, 64; Rules of the Supreme Court of Canada, SOR/2002-156, rr 5.1, 86, 87, 88.