When must I file an Alberta standard appellant’s factum?

Rule 14.23(1) requires filing and service before the earlier of two months after the Appeal Record was filed and six months after the notice of appeal was filed.

Responsible actor. The appellant in a standard appeal.

Both actual Appeal Record filing and actual notice-of-appeal filing.

A late-filed Appeal Record does not automatically give two more months if the six-month notice threshold arrives first.

Alberta Court of Appeal civil procedure. Establish both filing dates, compare the two thresholds, preserve the rule’s before-the-earlier wording, and file and serve the compliant factum. A late-filed Appeal Record does not automatically give two more months if the six-month notice threshold arrives first. Two actual filing events and the rule’s before-the-earlier boundary are necessary. No single-event computed or purchasable factum date is asserted.

1. Establish both filing dates, compare the two thresholds, preserve the rule’s before-the-earlier wording, and file and serve the compliant factum.
2. Establish the actual filing, service, hearing or listing event from the accepted document and proof.
3. 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.
4. 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.

Two actual filing events and the rule’s before-the-earlier boundary are necessary. No single-event computed or purchasable factum date is asserted.

A late-filed Appeal Record does not automatically give two more months if the six-month notice threshold arrives first. Rule 14.23(1) requires filing and service before the earlier of two months after the Appeal Record was filed and six months after the notice of appeal was filed. No automatic computed or purchasable date. Establish the actual applicable procedural branch.

Actual actor and procedural branch

Establish both filing dates, compare the two thresholds, preserve the rule’s before-the-earlier wording, and file and serve the compliant factum. A late-filed Appeal Record does not automatically give two more months if the six-month notice threshold arrives first.

Material qualification

A late-filed Appeal Record does not automatically give two more months if the six-month notice threshold arrives first.

Actual variation

Rule 14.2(3) displaces party-agreed extensions for Part 14. Rule 13.5 judicial powers and the actual authorized CMO direction must be read with the specific procedure. A requested extension, proposed timetable or private agreement does not establish operative relief.

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 Appeal civil procedure. Establish both filing dates, compare the two thresholds, preserve the rule’s before-the-earlier wording, and file and serve the compliant factum. A late-filed Appeal Record does not automatically give two more months if the six-month notice threshold arrives first. Two actual filing events and the rule’s before-the-earlier boundary are necessary. No single-event computed or purchasable factum date is asserted.
• A late-filed Appeal Record does not automatically give two more months if the six-month notice threshold arrives first.

• Establish both filing dates, compare the two thresholds, preserve the rule’s before-the-earlier wording, and file and serve the compliant factum.
• A late-filed Appeal Record does not automatically give two more months if the six-month notice threshold arrives first.
• Rule 14.2(3) displaces party-agreed extensions for Part 14. Rule 13.5 judicial powers and the actual authorized CMO direction must be read with the specific procedure. A requested extension, proposed timetable or private agreement does not establish operative relief.
• Retain the operative document, accepted filing and effective service evidence.
• Establish both filing dates, compare the two thresholds, preserve the rule’s before-the-earlier wording, and file and serve the compliant factum. Court of Appeal Rule 14.1(h) requires submission of the correct document and acknowledgment of acceptance. Electronic Filing Practice Direction 8 treats documents received on an open registry day by 4 p.m. Mountain Time as submitted that day; later or closed-day submissions move to the next business day. Receipt acknowledgment is not acceptance, and rejected documents are not filed. Accepted filing is backdated to the established submission date. Filing permission or a provided email address does not itself establish valid electronic service.