When must I file an Alberta notice of cross appeal?

File and serve Form AP-2, or the required permission application, within the later of the applicable appeal period and 10 days after service of the notice of appeal.

Responsible actor. The respondent seeking to vary the decision through a cross appeal.

Both the applicable appeal deadline and effective service of the filed notice of appeal.

If the ordinary appeal period expires October 30 and ten days after service expires October 20, the later branch controls. One service date alone cannot resolve Rule 14.11.

Alberta Court of Appeal civil procedure. Establish both periods, determine whether permission is required, file Form AP-2 or the application, and serve its filed copy on every other party. If the ordinary appeal period expires October 30 and ten days after service expires October 20, the later branch controls. One service date alone cannot resolve Rule 14.11. Rule 14.11 requires two established time limits and selects the later. A single-event calculator cannot establish the applicable cross-appeal deadline.

1. Establish both periods, determine whether permission is required, file Form AP-2 or the application, and serve its filed copy on every other party.
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.

Rule 14.11 requires two established time limits and selects the later. A single-event calculator cannot establish the applicable cross-appeal deadline.

If the ordinary appeal period expires October 30 and ten days after service expires October 20, the later branch controls. One service date alone cannot resolve Rule 14.11. File and serve Form AP-2, or the required permission application, within the later of the applicable appeal period and 10 days after service of the notice of appeal. No automatic computed or purchasable date. Establish the actual applicable procedural branch.

Actual actor and procedural branch

Establish both periods, determine whether permission is required, file Form AP-2 or the application, and serve its filed copy on every other party. If the ordinary appeal period expires October 30 and ten days after service expires October 20, the later branch controls. One service date alone cannot resolve Rule 14.11.

Material qualification

If the ordinary appeal period expires October 30 and ten days after service expires October 20, the later branch controls. One service date alone cannot resolve Rule 14.11.

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. Establish both periods, determine whether permission is required, file Form AP-2 or the application, and serve its filed copy on every other party. If the ordinary appeal period expires October 30 and ten days after service expires October 20, the later branch controls. One service date alone cannot resolve Rule 14.11. Rule 14.11 requires two established time limits and selects the later. A single-event calculator cannot establish the applicable cross-appeal deadline.
• If the ordinary appeal period expires October 30 and ten days after service expires October 20, the later branch controls. One service date alone cannot resolve Rule 14.11.

• Establish both periods, determine whether permission is required, file Form AP-2 or the application, and serve its filed copy on every other party.
• If the ordinary appeal period expires October 30 and ten days after service expires October 20, the later branch controls. One service date alone cannot resolve Rule 14.11.
• 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.
• Retain the operative document, accepted filing and effective service evidence.
• Establish both periods, determine whether permission is required, file Form AP-2 or the application, and serve its filed copy on every other party. Court of Appeal Rule 14.1(h) requires submission of the correct document and acknowledgment of acceptance. Electronic Filing Practice Direction 8 treats documents received on an open registry day by 4 p.m. Mountain Time as submitted that day; later or closed-day submissions move to the next business day. Receipt acknowledgment is not acceptance, and rejected documents are not filed. Accepted filing is backdated to the established submission date. Filing permission or a provided email address does not itself establish valid electronic service.