Canada · Alberta appeal procedures
When is an unheard Alberta appeal application deemed abandoned?
An ordinary appeal application not heard within three months after filing is deemed abandoned under Rule 14.52 unless a case management officer otherwise directs. Permission applications have the separate six-month branch.
- Period
- 3 months after the established operative event; actual unheard-application threshold, subject to an operative CMO direction
- Trigger
- Actual effective filing of the ordinary application
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 14.52 (official PDF p. 359)
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 is an unheard Alberta appeal application deemed abandoned?
An ordinary appeal application not heard within three months after filing is deemed abandoned under Rule 14.52 unless a case management officer otherwise directs. Permission applications have the separate six-month branch.
Responsible actor. The applicant pursuing an ordinary Court of Appeal application.
Actual effective filing of the ordinary application.
A notice has a proposed hearing date, but the application is never actually heard. A proposed date does not satisfy Rule 14.52.
Alberta Court of Appeal civil procedure. Complete the actual hearing within the applicable outer period or establish an operative CMO direction, after meeting the original filing and service requirements. A notice has a proposed hearing date, but the application is never actually heard. A proposed date does not satisfy Rule 14.52. 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 14.52 (official PDF p. 359)How does this provision count time?
- Complete the actual hearing within the applicable outer period or establish an operative CMO direction, after meeting the original filing and service requirements.
- 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 14.52 (official PDF p. 359)What do independently checked examples show?
Fictitious example
Actual effective filing of the ordinary application 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.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Actual effective filing of the ordinary application 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 3 months under Rules 13.3–13.4. The raw threshold is Tuesday, January 5, 2027. The final date is an established ordinary nonholiday weekday; no final-day adjustment is required. | Tuesday, January 5, 2027 |
| Example 2. Closed-day boundary | Actual effective filing of the ordinary 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 3 months under Rules 13.3–13.4. The raw threshold is Sunday, April 5, 2026. The raw day is a defined holiday; the next nonholiday is Tuesday, April 7, 2026. The required filing place is established open and effective service is possible on that day. | Tuesday, April 7, 2026 |
| Example 3. Material procedural branch | The ordinary application is effectively filed on Monday, October 19, 2026 and served later. It remains unheard and is not a permission application; no CMO direction varies the ordinary 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 3 months under Rules 13.3–13.4. The raw threshold is Tuesday, January 19, 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. | Tuesday, January 19, 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
- Complete the actual hearing within the applicable outer period or establish an operative CMO direction, after meeting the original filing and service requirements. A notice has a proposed hearing date, but the application is never actually heard. A proposed date does not satisfy Rule 14.52.
- Material qualification
- A notice has a proposed hearing date, but the application is never actually heard. A proposed date does not satisfy Rule 14.52.
- 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. Complete the actual hearing within the applicable outer period or establish an operative CMO direction, after meeting the original filing and service requirements. A notice has a proposed hearing date, but the application is never actually heard. A proposed date does not satisfy Rule 14.52. 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 has a proposed hearing date, but the application is never actually heard. A proposed date does not satisfy Rule 14.52.
What must the responsible actor complete?
Questions about this procedure
When is an unheard Alberta appeal application deemed abandoned?
What event starts the unheard appeal application period?
Actual effective filing of the ordinary application. Preserve evidence of that event; A notice has a proposed hearing date, but the application is never actually heard. A proposed date does not satisfy Rule 14.52.
Alberta Rules of Court, Rule 14.52 (official PDF p. 359)What must I complete for this unheard appeal application procedure?
Complete the actual hearing within the applicable outer period or establish an operative CMO direction, after meeting the original filing and service requirements.
Alberta Rules of Court, Alta Reg 124/2010, r 14.52 (official PDF p. 359)Does the filing date start these three months?
Yes. Rule 14.52 uses the date the application is filed.
Alberta Rules of Court, Rule 14.52 (official PDF p. 359)Do permission applications also expire after three months?
No. Rule 14.52 is subject to Rule 14.44(2), which ordinarily allows six months for the permission hearing.
Alberta Rules of Court, Rule 14.52 (official PDF p. 359)Can the CMO vary the consequence?
The rule expressly permits the CMO otherwise to direct. Establish the actual direction; a request alone does not change the threshold.
Alberta Rules of Court, Alta Reg 124/2010, r 14.52 (official PDF p. 359)Does being scheduled satisfy the hearing requirement?
The provision says the application must be heard. A scheduled or adjourned hearing requires separate review of what actually occurred.
Alberta Rules of Court, Alta Reg 124/2010, r 14.52 (official PDF p. 359)Official sources and review
Provisions used (12)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 14.52 (official PDF p. 359) | 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 14.52 (official PDF p. 359) | Check the identified procedure, event, counting rule or qualification |