Canada · Alberta appeal procedures
When must I appeal an applications judge’s order in Alberta?
File and serve Form 28 within 10 days after the applications judge’s judgment or order is both entered and served. Make the appeal returnable within a reasonable time, no later than two months after filing the notice.
- Period
- 10 days after the established operative event
- Trigger
- The actual judgment or order has been both entered and effectively served
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 6.14(2) (official PDF pp. 145–146)
Official Alberta Rules of Court PDF published June 2026, including AR 79/2026, acquired October 8, 2026. The retained 2026 Gazette cumulative index and September 29 issue were checked for later listed amendments. Interpretation Act PDF is current as of September 1, 2025.
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When must I appeal an applications judge’s order in Alberta?
File and serve Form 28 within 10 days after the applications judge’s judgment or order is both entered and served. Make the appeal returnable within a reasonable time, no later than two months after filing the notice.
Responsible actor. The applicant or respondent appealing the applications judge’s judgment or order.
The actual judgment or order has been both entered and effectively served.
Entry on October 1 and service on October 8 establish October 8 as the compound trigger. Entry alone does not start this ten-day model.
Alberta Court of King’s Bench appeal procedure. File Form 28, serve it, and secure a returnable date within a reasonable time not exceeding two months after filing. Entry on October 1 and service on October 8 establish October 8 as the compound trigger. Entry alone does not start this ten-day model. This ordinary branch requires the established actor, effective event and no operative varying direction. Unsupported holiday, closure and method facts require separate review.
Alberta Rules of Court, Alta Reg 124/2010, r 6.14(2) (official PDF pp. 145–146)How does this provision count time?
- File Form 28, serve it, and secure a returnable date within a reasonable time not exceeding two months after filing.
- Establish the actual filing, service, hearing or listing event from the accepted document and proof.
- Rule 13.3 excludes the event or hearing date and counts consecutive calendar days. Its information note illustrates ten days before May 15 as May 5; it does not require ten intervening days. Rule 13.4 uses the same-numbered date for months, ending on the last day when that number does not exist. Its nonleap anniversary rule uses February 28 for a February 29 event.
- Check each required act’s actual holiday or closure boundary and any operative variation.
Rule 13.3 excludes the event or hearing date and counts consecutive calendar days. Its information note illustrates ten days before May 15 as May 5; it does not require ten intervening days. Rule 13.4 uses the same-numbered date for months, ending on the last day when that number does not exist. Its nonleap anniversary rule uses February 28 for a February 29 event.
Interpretation Act section 22(1) addresses expiry on a defined holiday; section 22(2) separately addresses closure of the actual required office or place. Section 28(1)(x) includes Sundays and specified holidays, but does not make every Saturday a holiday. A registry closure is not an automatic service extension. A backward minimum interval must remain satisfied. Actual proclaimed holidays, unsupported closures or an unestablished service method require separate review.
Alberta Rules of Court, Alta Reg 124/2010, r 6.14(2) (official PDF pp. 145–146)What do independently checked examples show?
Fictitious example
The actual judgment or order has been both entered and effectively served is established on Monday, October 5, 2026. The event is effective under the actual governing method, rather than proposed dispatch or informal knowledge. Established ordinary actor and branch, effective filing and service as required, no varying direction, no additional proclamation or closure, and no independent earlier statutory bar.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The actual judgment or order has been both entered and effectively served is established on Monday, October 5, 2026. The event is effective under the actual governing method, rather than proposed dispatch or informal knowledge. Established ordinary actor and branch, effective filing and service as required, no varying direction, no additional proclamation or closure, and no independent earlier statutory bar. Independently add 10 days under Rules 13.3–13.4. The raw threshold is Thursday, October 15, 2026. The final date is an established ordinary nonholiday weekday; no final-day adjustment is required. | Thursday, October 15, 2026 |
| Example 2. Closed-day boundary | The actual judgment or order has been both entered and effectively served is established on Thursday, January 8, 2026. The event is effective under the actual governing method, rather than proposed dispatch or informal knowledge. Established ordinary actor and branch, effective filing and service as required, no varying direction, no additional proclamation or closure, and no independent earlier statutory bar. Independently add 10 days under Rules 13.3–13.4. The raw threshold is Sunday, January 18, 2026. The raw day is a defined holiday; the next nonholiday is Monday, January 19, 2026. The required filing place is established open and effective service is possible on that day. | Monday, January 19, 2026 |
| Example 3. Material procedural branch | The order was entered three days earlier, but effective service completes only on Monday, October 19, 2026. Both required events are now established. Established ordinary actor and branch, effective filing and service as required, no varying direction, no additional proclamation or closure, and no independent earlier statutory bar. Independently add 10 days under Rules 13.3–13.4. The raw threshold is Thursday, October 29, 2026. The final date is an established ordinary nonholiday weekday; no final-day adjustment is required. The stated result is the established ordinary threshold for these actual facts; it does not establish an extension, earlier-duty compliance or procedural eligibility. | Thursday, October 29, 2026 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Actual actor and procedural branch
- File Form 28, serve it, and secure a returnable date within a reasonable time not exceeding two months after filing. Entry on October 1 and service on October 8 establish October 8 as the compound trigger. Entry alone does not start this ten-day model.
- Material qualification
- Entry on October 1 and service on October 8 establish October 8 as the compound trigger. Entry alone does not start this ten-day model.
- Actual variation
- Rule 13.5 permits party agreement unless the Court orders or a rule provides otherwise, and permits actual court variation before or after expiry. Part 14’s bar on party agreement does not apply merely because this is a King’s Bench appeal. Establish the actual agreement or order and its scope.
- Required-act boundary
- Interpretation Act section 22(1) addresses expiry on a defined holiday; section 22(2) separately addresses closure of the actual required office or place. Section 28(1)(x) includes Sundays and specified holidays, but does not make every Saturday a holiday. A registry closure is not an automatic service extension. A backward minimum interval must remain satisfied. Actual proclaimed holidays, unsupported closures or an unestablished service method require separate review.
- Alberta Court of King’s Bench appeal procedure. File Form 28, serve it, and secure a returnable date within a reasonable time not exceeding two months after filing. Entry on October 1 and service on October 8 establish October 8 as the compound trigger. Entry alone does not start this ten-day model. This ordinary branch requires the established actor, effective event and no operative varying direction. Unsupported holiday, closure and method facts require separate review.
- Entry on October 1 and service on October 8 establish October 8 as the compound trigger. Entry alone does not start this ten-day model.
What must the responsible actor complete?
Questions about this procedure
When must I appeal an applications judge’s order in Alberta?
What event starts the applications judge appeal period?
The actual judgment or order has been both entered and effectively served. Preserve evidence of that event; Entry on October 1 and service on October 8 establish October 8 as the compound trigger. Entry alone does not start this ten-day model.
Alberta Rules of Court, Alta Reg 124/2010, r 6.14(2) (official PDF pp. 145–146)What must I complete for this applications judge appeal procedure?
File Form 28, serve it, and secure a returnable date within a reasonable time not exceeding two months after filing.
Alberta Rules of Court, Alta Reg 124/2010, r 6.14(2) (official PDF pp. 145–146)Does entry alone start the ten days?
No. Rule 6.14(2) requires entry and service. Establish both events, using the later completion date.
Alberta Rules of Court, Rule 6.14 (official PDF p. 145)Can I appeal directly to the Court of Appeal?
No. Rule 14.4(4) bars a direct appeal from an applications judge. This procedure is an appeal to a King’s Bench judge.
Alberta Rules of Court, Rule 14.4 (official PDF p. 338)Is ten days also the hearing deadline?
No. The notice must be filed and served within ten days. The appeal must be returnable within a reasonable time not exceeding two months after filing.
Alberta Rules of Court, Alta Reg 124/2010, r 6.14(2) (official PDF pp. 145–146)Can the appeal include additional evidence?
Rule 6.14(3) allows additional evidence that the judge hearing the appeal considers relevant and material. It does not create a fresh notice period.
Alberta Rules of Court, Rule 6.14 (official PDF p. 145)Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 6.14(2) (official PDF pp. 145–146) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, Rules 13.2–13.5, counting and variation | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act, section 22, holiday and place-of-act expiry | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act, section 28(1)(x), holiday definition | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act, RSA 2000 c I-8, sections 22 and 28(1)(x) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, Rule 6.14 (official PDF p. 145) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, Rule 14.4 (official PDF p. 338) | Check the identified procedure, event, counting rule or qualification |