Canada · Alberta appeal procedures
What is the outer restoration limit for an Alberta standard appeal?
File and serve a restoration application as soon as reasonably possible. Rule 14.47 requires it to be returnable no later than six months after the standard appeal was struck, dismissed or deemed abandoned. Rule 14.65(3) also requires filing, service and a grant within that period.
- Period
- 6 months after the established operative event; outer returnable and grant threshold, with earlier prompt filing and service
- Trigger
- The actual date the appeal was struck, dismissed or deemed abandoned
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 14.47(b)(i) and r 14.65(3)(a) (official PDF p. 358)
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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What is the outer restoration limit for an Alberta standard appeal?
File and serve a restoration application as soon as reasonably possible. Rule 14.47 requires it to be returnable no later than six months after the standard appeal was struck, dismissed or deemed abandoned. Rule 14.65(3) also requires filing, service and a grant within that period.
Responsible actor. The party seeking restoration of a standard appeal.
The actual date the appeal was struck, dismissed or deemed abandoned.
Filing a restoration application on the outer threshold does not establish a hearing or grant within six months. The outer date is not a safe last filing date.
Alberta Court of Appeal civil procedure. Act promptly, file and serve the restoration application, obtain a returnable date within six months, and establish an actual grant or applicable relief. Filing a restoration application on the outer threshold does not establish a hearing or grant within six months. The outer date is not a safe last filing date. 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 14.47(b)(i) and r 14.65(3)(a) (official PDF p. 358)How does this provision count time?
- Act promptly, file and serve the restoration application, obtain a returnable date within six months, and establish an actual grant or applicable relief.
- 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 14.47(b)(i) and r 14.65(3)(a) (official PDF p. 358)What do independently checked examples show?
Fictitious example
The actual date the appeal was struck, dismissed or deemed abandoned is established on Thursday, October 1, 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 date the appeal was struck, dismissed or deemed abandoned is established on Thursday, October 1, 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 6 months under Rules 13.3–13.4. The raw threshold is Thursday, April 1, 2027. The final date is an established ordinary nonholiday weekday; no final-day adjustment is required. | Thursday, April 1, 2027 |
| Example 2. Closed-day boundary | The actual date the appeal was struck, dismissed or deemed abandoned is established on Monday, January 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 6 months under Rules 13.3–13.4. The raw threshold is Sunday, July 5, 2026. The raw day is a defined holiday; the next nonholiday is Monday, July 6, 2026. The required filing place is established open and effective service is possible on that day. | Monday, July 6, 2026 |
| Example 3. Material procedural branch | The standard appeal is actually struck on Thursday, October 15, 2026, and the appellant learns of it later. The outer threshold uses the striking date; prompt filing and service, a returnable hearing and an actual grant remain separate requirements. 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 6 months under Rules 13.3–13.4. The raw threshold is Thursday, April 15, 2027. 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, April 15, 2027 |
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
- Act promptly, file and serve the restoration application, obtain a returnable date within six months, and establish an actual grant or applicable relief. Filing a restoration application on the outer threshold does not establish a hearing or grant within six months. The outer date is not a safe last filing date.
- Material qualification
- Filing a restoration application on the outer threshold does not establish a hearing or grant within six months. The outer date is not a safe last filing date.
- 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. Act promptly, file and serve the restoration application, obtain a returnable date within six months, and establish an actual grant or applicable relief. Filing a restoration application on the outer threshold does not establish a hearing or grant within six months. The outer date is not a safe last filing date. This ordinary branch requires the established actor, effective event and no operative varying direction. Unsupported holiday, closure and method facts require separate review.
- Filing a restoration application on the outer threshold does not establish a hearing or grant within six months. The outer date is not a safe last filing date.
What must the responsible actor complete?
Questions about this procedure
What is the outer restoration limit for an Alberta standard appeal?
What event starts the standard appeal restoration period?
The actual date the appeal was struck, dismissed or deemed abandoned. Preserve evidence of that event; Filing a restoration application on the outer threshold does not establish a hearing or grant within six months. The outer date is not a safe last filing date.
Alberta Rules of Court, Alta Reg 124/2010, r 14.47(b)(i) and r 14.65(3)(a) (official PDF p. 358)What must I complete for this standard appeal restoration procedure?
Act promptly, file and serve the restoration application, obtain a returnable date within six months, and establish an actual grant or applicable relief.
Alberta Rules of Court, Alta Reg 124/2010, r 14.47(b)(i) and r 14.65(3)(a) (official PDF p. 358)May I wait six months before filing?
No. Rule 14.47(a) requires filing and service as soon as reasonably possible.
Alberta Rules of Court, Rule 14.47 (official PDF p. 358)Is filing alone enough before six months?
No. Rule 14.47 requires the application to be returnable by the outer threshold, and Rule 14.65(3) refers to filing, service and a grant within the period.
Alberta Rules of Court, Rule 14.47 (official PDF p. 358)Is restoration automatic once the application is filed?
No. Rule 14.65 requires the relevant written consent or order and the restoration fee, with directions for outstanding materials.
Alberta Rules of Court, Rule 14.65 (official PDF p. 363)What if restored-appeal deadlines are missed?
Rule 14.65(2) provides that the appeal is deemed struck again if the appellant fails to comply with the restoration deadlines or directions.
Alberta Rules of Court, Rule 14.65 (official PDF p. 363)Official sources and review
Provisions used (13)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 14.47(b)(i) and r 14.65(3)(a) (official PDF p. 358) | 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 |
| Court of Appeal Electronic Filing Practice Direction, paragraphs 5(f) and 8 | Check the identified procedure, event, counting rule or qualification |
| Court of Appeal Consolidated Practice Directions, General A.3–A.4 | 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 |
| 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, 2025 | Check the identified procedure, event, counting rule or qualification |
| Court of Appeal electronic scheduling notice of March 10, 2025 | 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 14.47 (official PDF p. 358) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, Rule 14.65 (official PDF p. 363) | Check the identified procedure, event, counting rule or qualification |