Canada · Alberta appeal procedures
When is an unheard Alberta permission application deemed abandoned?
Unless a case management officer otherwise directs, a permission application not heard within six months after it was filed is deemed abandoned under Rule 14.44(2). Filing alone does not satisfy the hearing requirement.
- Period
- 6 months after the established operative event; actual unheard-application threshold, subject to an operative CMO direction
- Trigger
- Actual effective filing of the permission application
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 14.44(2) (official PDF pp. 357–358)
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.
Free calculator · No account needed
Calculate your deadline
Loading calculator…
What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
When is an unheard Alberta permission application deemed abandoned?
Unless a case management officer otherwise directs, a permission application not heard within six months after it was filed is deemed abandoned under Rule 14.44(2). Filing alone does not satisfy the hearing requirement.
Responsible actor. The applicant responsible for pursuing the permission application.
Actual effective filing of the permission application.
An application filed on time remains unheard at the six-month threshold. The initial filing does not prevent deemed abandonment.
Alberta Court of Appeal civil procedure. Obtain and complete the actual permission hearing within the applicable outer period, or establish an operative CMO direction. An application filed on time remains unheard at the six-month threshold. The initial filing does not prevent deemed abandonment. 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 14.44(2) (official PDF pp. 357–358)How does this provision count time?
- Obtain and complete the actual permission hearing within the applicable outer period, or establish an operative CMO direction.
- 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 14.44(2) (official PDF pp. 357–358)What do independently checked examples show?
Fictitious example
Actual effective filing of the permission application 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 | Actual effective filing of the permission application 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 | Actual effective filing of the permission application 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 permission application is effectively filed on Thursday, October 15, 2026 and served later. It remains unheard, with no operative CMO direction varying the six-month threshold. 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
- Obtain and complete the actual permission hearing within the applicable outer period, or establish an operative CMO direction. An application filed on time remains unheard at the six-month threshold. The initial filing does not prevent deemed abandonment.
- Material qualification
- An application filed on time remains unheard at the six-month threshold. The initial filing does not prevent deemed abandonment.
- 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. Obtain and complete the actual permission hearing within the applicable outer period, or establish an operative CMO direction. An application filed on time remains unheard at the six-month threshold. The initial filing does not prevent deemed abandonment. This ordinary branch requires the established actor, effective event and no operative varying direction. Unsupported holiday, closure and method facts require separate review.
- An application filed on time remains unheard at the six-month threshold. The initial filing does not prevent deemed abandonment.
What must the responsible actor complete?
Questions about this procedure
When is an unheard Alberta permission application deemed abandoned?
What event starts the unheard permission application period?
Actual effective filing of the permission application. Preserve evidence of that event; An application filed on time remains unheard at the six-month threshold. The initial filing does not prevent deemed abandonment.
Alberta Rules of Court, Alta Reg 124/2010, r 14.44(2) (official PDF pp. 357–358)What must I complete for this unheard permission application procedure?
Obtain and complete the actual permission hearing within the applicable outer period, or establish an operative CMO direction.
Alberta Rules of Court, Alta Reg 124/2010, r 14.44(2) (official PDF pp. 357–358)Does filing the application avoid abandonment indefinitely?
No. Rule 14.44(2) requires the application to be heard within six months unless the CMO otherwise directs.
Alberta Rules of Court, Rule 14.44 (official PDF p. 357)Does the ordinary three-month application rule control?
No. Rule 14.52 is expressly subject to Rule 14.44(2), which sets the six-month permission application branch.
Alberta Rules of Court, Rule 14.52 (official PDF p. 359)Does asking for a later hearing vary the threshold?
A request is not an operative direction. Establish the CMO’s actual decision and timetable.
Alberta Rules of Court, Alta Reg 124/2010, r 14.44(2) (official PDF pp. 357–358)Does this determine the original permission filing deadline?
No. Rule 14.44(1) and Rule 14.8(3) separately govern filing, service and any required returnable date.
Alberta Rules of Court, Rule 14.44 (official PDF p. 357)Official sources and review
Provisions used (13)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 14.44(2) (official PDF pp. 357–358) | 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 14.44 (official PDF p. 357) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, Rule 14.52 (official PDF p. 359) | Check the identified procedure, event, counting rule or qualification |