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Canada · Alberta appeal procedures

When must I reply to an Alberta standard cross appeal?

Where a cross appeal has been filed, file and serve a reply factum or a letter of intention not to file one within 10 days after service of the respondent’s factum under Rule 14.23(4).

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Period
10 days after the established operative event
Trigger
Effective service of the respondent’s factum, with an established cross appeal
Rule
Alberta Rules of Court, Alta Reg 124/2010, r 14.23(4) (official PDF p. 348)
Alberta Rules of Court, Alta Reg 124/2010, r 14.23(4) (official PDF p. 348)

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. Read with the consolidated directions amended March 10, 2025, electronic filing direction, July 2, 2025 registry reopening and current electronic scheduling notice. The actual September 30, 2026 closure is retained separately.

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When must I reply to an Alberta standard cross appeal?

Where a cross appeal has been filed, file and serve a reply factum or a letter of intention not to file one within 10 days after service of the respondent’s factum under Rule 14.23(4).

Responsible actor. The appellant responding where a cross appeal has actually been filed in a standard appeal.

Effective service of the respondent’s factum, with an established cross appeal.

An appeal with no cross appeal does not automatically create this ten-day reply step. A fast track cross appeal follows an actual CMO timetable.

Alberta Court of Appeal civil procedure. File and serve the reply factum or the specified letter within the applicable period. An appeal with no cross appeal does not automatically create this ten-day reply step. A fast track cross appeal follows an actual CMO timetable. 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 14.23(4) (official PDF p. 348)

How does this provision count time?

  1. File and serve the reply factum or the specified letter within the applicable period.
  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.

Alberta Rules of Court, Alta Reg 124/2010, r 14.23(4) (official PDF p. 348)

What do independently checked examples show?

Fictitious example

Effective service of the respondent’s factum, with an established cross appeal 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.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsEffective service of the respondent’s factum, with an established cross appeal 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 boundaryEffective service of the respondent’s factum, with an established cross appeal 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 branchA cross appeal has actually been filed in a standard appeal. The respondent’s factum is effectively served on Monday, October 19, 2026. No fast track CMO timetable applies. 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
Example resultThursday, October 15, 2026

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

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Which conditions and exceptions apply?

Actual actor and procedural branch
File and serve the reply factum or the specified letter within the applicable period. An appeal with no cross appeal does not automatically create this ten-day reply step. A fast track cross appeal follows an actual CMO timetable.
Material qualification
An appeal with no cross appeal does not automatically create this ten-day reply step. A fast track cross appeal follows an actual CMO timetable.
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 Rules of Court, Alta Reg 124/2010, r 14.23(4) (official PDF p. 348)
  • Alberta Court of Appeal civil procedure. File and serve the reply factum or the specified letter within the applicable period. An appeal with no cross appeal does not automatically create this ten-day reply step. A fast track cross appeal follows an actual CMO timetable. This ordinary branch requires the established actor, effective event and no operative varying direction. Unsupported holiday, closure and method facts require separate review.
  • An appeal with no cross appeal does not automatically create this ten-day reply step. A fast track cross appeal follows an actual CMO timetable.

What must the responsible actor complete?

Questions about this procedure

When must I reply to an Alberta standard cross appeal?

What event starts the standard cross appeal reply period?

Effective service of the respondent’s factum, with an established cross appeal. Preserve evidence of that event; An appeal with no cross appeal does not automatically create this ten-day reply step. A fast track cross appeal follows an actual CMO timetable.

Alberta Rules of Court, Alta Reg 124/2010, r 14.23(4) (official PDF p. 348)

What must I complete for this standard cross appeal reply procedure?

File and serve the reply factum or the specified letter within the applicable period.

Alberta Rules of Court, Alta Reg 124/2010, r 14.23(4) (official PDF p. 348)

Can every appellant use this ten-day reply?

Rule 14.23(4) applies where a cross appeal has been filed. Establish that branch first.

Alberta Rules of Court, Rule 14.23 (official PDF p. 347)

Can I file a letter instead of a reply factum?

Yes. The rule expressly permits a letter of intention not to file a reply factum.

Alberta Rules of Court, Alta Reg 124/2010, r 14.23(4) (official PDF p. 348)

Does filing the cross appeal start the reply period?

No. This period starts after service of the respondent’s factum.

Alberta Rules of Court, Alta Reg 124/2010, r 14.23(4) (official PDF p. 348)

Does the same default apply to fast track cross appeals?

Rule 14.24(2) requires a CMO timetable for a fast track cross appeal. The official fast track summary directs replies to that actual timetable.

Alberta Rules of Court, Rule 14.24 (official PDF p. 348)

Official sources and review

Provisions used (13)
Provisions used in this guide
ProvisionPurpose
Alberta Rules of Court, Alta Reg 124/2010, r 14.23(4) (official PDF p. 348)Check the identified procedure, event, counting rule or qualification
Alberta Rules of Court, Rules 13.2–13.5, counting and variationCheck the identified procedure, event, counting rule or qualification
Interpretation Act, section 22, holiday and place-of-act expiryCheck the identified procedure, event, counting rule or qualification
Court of Appeal Electronic Filing Practice Direction, paragraphs 5(f) and 8Check the identified procedure, event, counting rule or qualification
Court of Appeal Consolidated Practice Directions, General A.3–A.4Check the identified procedure, event, counting rule or qualification
Interpretation Act, section 28(1)(x), holiday definitionCheck the identified procedure, event, counting rule or qualification
Alberta Rules of Court, Rule 14.1 (official PDF p. 336)Check the identified procedure, event, counting rule or qualification
Alberta Rules of Court, Rule 14.2 (official PDF p. 337)Check the identified procedure, event, counting rule or qualification
Court of Appeal registry reopening notice, effective July 2, 2025Check the identified procedure, event, counting rule or qualification
Court of Appeal electronic scheduling notice of March 10, 2025Check 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 14.23 (official PDF p. 347)Check the identified procedure, event, counting rule or qualification
Alberta Rules of Court, Rule 14.24 (official PDF p. 348)Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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