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Canada · Alberta appeal procedures

When must I file the record for an Alberta applications judge appeal?

Within one month after service of the notice of appeal, file and serve the required transcript, additional evidence and any further written argument under Rule 6.14(5).

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Period
1 month after the established operative event
Trigger
Effective service of the notice of appeal on the respondent
Rule
Alberta Rules of Court, Alta Reg 124/2010, r 6.14(5) (official PDF p. 146)
Alberta Rules of Court, Alta Reg 124/2010, r 6.14(5) (official PDF p. 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 file the record for an Alberta applications judge appeal?

Within one month after service of the notice of appeal, file and serve the required transcript, additional evidence and any further written argument under Rule 6.14(5).

Responsible actor. The appellant appealing to a King’s Bench judge.

Effective service of the notice of appeal on the respondent.

A notice filed October 1 but served October 8 starts this record period on October 8. Filing the notice is not the trigger.

Alberta Court of King’s Bench appeal procedure. File and serve the Rule 6.14(5) documents on the respondent, including the required transcript, additional evidence and further written argument. A notice filed October 1 but served October 8 starts this record period on October 8. Filing the notice is not the trigger. 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(5) (official PDF p. 146)

How does this provision count time?

  1. File and serve the Rule 6.14(5) documents on the respondent, including the required transcript, additional evidence and further written argument.
  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 6.14(5) (official PDF p. 146)

What do independently checked examples show?

Fictitious example

Effective service of the notice of appeal on the respondent is established on Friday, October 2, 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 notice of appeal on the respondent is established on Friday, October 2, 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 1 months under Rules 13.3–13.4. The raw threshold is Monday, November 2, 2026. The final date is an established ordinary nonholiday weekday; no final-day adjustment is required.Monday, November 2, 2026
Example 2. Closed-day boundaryEffective service of the notice of appeal on the respondent 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 1 months under Rules 13.3–13.4. The raw threshold is Sunday, February 8, 2026. The raw day is a defined holiday; the next nonholiday is Monday, February 9, 2026. The required filing place is established open and effective service is possible on that day.Monday, February 9, 2026
Example 3. Material procedural branchThe appeal notice was filed three days earlier and effectively served on Friday, October 16, 2026. Service, rather than notice filing, starts the month. 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 1 months under Rules 13.3–13.4. The raw threshold is Monday, November 16, 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.Monday, November 16, 2026
Example resultMonday, November 2, 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 Rule 6.14(5) documents on the respondent, including the required transcript, additional evidence and further written argument. A notice filed October 1 but served October 8 starts this record period on October 8. Filing the notice is not the trigger.
Material qualification
A notice filed October 1 but served October 8 starts this record period on October 8. Filing the notice is not the trigger.
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 Rules of Court, Alta Reg 124/2010, r 6.14(5) (official PDF p. 146)
  • Alberta Court of King’s Bench appeal procedure. File and serve the Rule 6.14(5) documents on the respondent, including the required transcript, additional evidence and further written argument. A notice filed October 1 but served October 8 starts this record period on October 8. Filing the notice is not the trigger. This ordinary branch requires the established actor, effective event and no operative varying direction. Unsupported holiday, closure and method facts require separate review.
  • A notice filed October 1 but served October 8 starts this record period on October 8. Filing the notice is not the trigger.

What must the responsible actor complete?

Questions about this procedure

When must I file the record for an Alberta applications judge appeal?

What event starts the applications judge appeal record period?

Effective service of the notice of appeal on the respondent. Preserve evidence of that event; A notice filed October 1 but served October 8 starts this record period on October 8. Filing the notice is not the trigger.

Alberta Rules of Court, Alta Reg 124/2010, r 6.14(5) (official PDF p. 146)

What must I complete for this applications judge appeal record procedure?

File and serve the Rule 6.14(5) documents on the respondent, including the required transcript, additional evidence and further written argument.

Alberta Rules of Court, Rule 6.14 (official PDF p. 145)

Does filing the notice start this month?

No. Rule 6.14(5) starts the month after service of the notice of appeal.

Alberta Rules of Court, Rule 6.14 (official PDF p. 145)

Must I order and pay for a transcript?

Rule 6.14(4)(c) requires the appellant to order and pay for any transcript unless the Court determines, or the parties agree, that transcripts are unnecessary.

Alberta Rules of Court, Rule 6.14 (official PDF p. 145)

Does the record period replace the hearing limit?

No. Rule 6.14(2) separately requires a returnable date within a reasonable time not exceeding two months after the notice is filed.

Alberta Rules of Court, Rule 6.14 (official PDF p. 145)

Must I rewrite the original argument?

Rule 6.14(8) permits reliance on original argument, further argument, or both. Establish which additional documents are required.

Alberta Rules of Court, Rule 6.14 (official PDF p. 145)

Official sources and review

Provisions used (6)
Provisions used in this guide
ProvisionPurpose
Alberta Rules of Court, Alta Reg 124/2010, r 6.14(5) (official PDF p. 146)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
Interpretation Act, section 28(1)(x), holiday definitionCheck 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
Read the official controlling provision

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