When is the deadline for application for leave to appeal (notice and all materials)?
The catalogue records a 60 days period from Date of the judgment appealed from (the date the judgment was pronounced, not the date the formal order was signed). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 60 days
- Trigger
- Date of the judgment appealed from (the date the judgment was pronounced, not the date the formal order was signed)
- 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.
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- Supreme Court Act s 59(1): the court proposed to be appealed from or any judge thereof, or the Supreme Court or a judge thereof, may under special circumstances, either before or after the expiration of the period, extend it; s 59(2) requires terms as to security or otherwise. Rule 6(1) does NOT reach this period - r 6(1) extends or abridges "a period provided for by these Rules" only. Section 59 does not apply to appeals under s 532 of the Canada Elections Act (s 59(3)). Section 59(4) allows a judge on an in forma pauperis application to allow an appeal although the s 58 time has expired.
- The month of July is excluded from the computation (s 58(2)). The 23 December to 3 January recess in r 5.1 does NOT suspend this period - r 5.1 is expressly "subject to section 58 of the Act", and the Court's guidance confirms there is no suspension for notices of application for leave to appeal. Not jurisdictional in the sense of being non-extendable: s 59 permits extension even after expiry, but only on "special circumstances". Failure to serve and file all Rule 25 materials in time exposes the application to dismissal as abandoned under r 64. Never compute the extension.