When is the deadline for filing of notice of appeal with registrar and with clerk of the court appealed from?
The catalogue records a 21 days period from Expiry of the time prescribed by s 58 or allowed under s 59. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 21 days
- Trigger
- Expiry of the time prescribed by s 58 or allowed under s 59
- 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.
- No express extension power; relief from compliance may be sought under r 8.
- Rule 34 requires the appellant to file the original and one copy of the printed notice of appeal plus an affidavit of the parties notified, and one copy of the electronic version. Corrected on verification: the entry was silent on suspensions. Neither the r 5(3) July suspension nor the r 5.1 December recess applies to this period, because both are confined to the computation of time under the Rules and s 60(4) is a period under the Act, and s 58(2) suspends July only for the s 58(1) periods. July and 23 December to 3 January are therefore counted in full. Source: Rules of the Supreme Court of Canada, SOR/2002-156, rr 5(3), 5.1; Supreme Court Act, RSC 1985, c S-26, ss 58(2), 60(4).