Canada · Alberta appeal procedures
When must I file an Alberta fast track respondent’s factum?
File and serve the factum or specified letter before the earlier of one month after service of the appellant’s factum and 10 days before opening day of the sittings at which the appeal will be heard.
- Period
- Actual service and the actual opening day of sittings must be combined. A one-month output cannot establish this earlier-of deadline.
- Trigger
- Both effective appellant-factum service and the actual opening day of the relevant sittings
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 14.24(1)(b) (official PDF p. 348)
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.
Source guide · No automated date
Check the applicable procedure
Actual service and the actual opening day of sittings must be combined. A one-month output cannot establish this earlier-of deadline.
Alberta Rules of Court, Alta Reg 124/2010, r 14.24(1)(b) (official PDF p. 348)What lawyers say
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When must I file an Alberta fast track respondent’s factum?
File and serve the factum or specified letter before the earlier of one month after service of the appellant’s factum and 10 days before opening day of the sittings at which the appeal will be heard.
Responsible actor. The respondent in a fast track appeal.
Both effective appellant-factum service and the actual opening day of the relevant sittings.
The hearing is on a later day within a sitting. Rule 14.24(1)(b)(ii) uses the opening day of the sittings, not simply the individual hearing date.
Alberta Court of Appeal civil procedure. Establish the service date and the actual opening day of sittings, compare both boundaries and complete the required filing and service. The hearing is on a later day within a sitting. Rule 14.24(1)(b)(ii) uses the opening day of the sittings, not simply the individual hearing date. Actual service and the actual opening day of sittings must be combined. A one-month output cannot establish this earlier-of deadline.
Alberta Rules of Court, Alta Reg 124/2010, r 14.24(1)(b) (official PDF p. 348)How does this provision count time?
- Establish the service date and the actual opening day of sittings, compare both boundaries and complete the required filing and service.
- 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 14.24(1)(b) (official PDF p. 348)Which facts prevent one automatic date?
Actual service and the actual opening day of sittings must be combined. A one-month output cannot establish this earlier-of deadline.
The hearing is on a later day within a sitting. Rule 14.24(1)(b)(ii) uses the opening day of the sittings, not simply the individual hearing date. File and serve the factum or specified letter before the earlier of one month after service of the appellant’s factum and 10 days before opening day of the sittings at which the appeal will be heard. No automatic computed or purchasable date. Establish the actual applicable procedural branch.
Which conditions and exceptions apply?
- Actual actor and procedural branch
- Establish the service date and the actual opening day of sittings, compare both boundaries and complete the required filing and service. The hearing is on a later day within a sitting. Rule 14.24(1)(b)(ii) uses the opening day of the sittings, not simply the individual hearing date.
- Material qualification
- The hearing is on a later day within a sitting. Rule 14.24(1)(b)(ii) uses the opening day of the sittings, not simply the individual hearing 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. Establish the service date and the actual opening day of sittings, compare both boundaries and complete the required filing and service. The hearing is on a later day within a sitting. Rule 14.24(1)(b)(ii) uses the opening day of the sittings, not simply the individual hearing date. Actual service and the actual opening day of sittings must be combined. A one-month output cannot establish this earlier-of deadline.
- The hearing is on a later day within a sitting. Rule 14.24(1)(b)(ii) uses the opening day of the sittings, not simply the individual hearing date.
What must the responsible actor complete?
Questions about this procedure
When must I file an Alberta fast track respondent’s factum?
What event starts the fast track respondent factum period?
Both effective appellant-factum service and the actual opening day of the relevant sittings. Preserve evidence of that event; The hearing is on a later day within a sitting. Rule 14.24(1)(b)(ii) uses the opening day of the sittings, not simply the individual hearing date.
Alberta Rules of Court, Rule 14.24 (official PDF p. 348)What must I complete for this fast track respondent factum procedure?
Establish the service date and the actual opening day of sittings, compare both boundaries and complete the required filing and service.
Alberta Rules of Court, Alta Reg 124/2010, r 14.24(1)(b) (official PDF p. 348)Is one month after service always available?
No. The ten-days-before-opening-sittings branch may impose the earlier threshold.
Alberta Rules of Court, Alta Reg 124/2010, r 14.24(1)(b) (official PDF p. 348)Does the individual appeal hearing date control?
The rule specifies opening day of the sittings at which the appeal is scheduled. Obtain the relevant official sitting dates.
Alberta Rules of Court, Alta Reg 124/2010, r 14.24(1)(b) (official PDF p. 348)Can I file a letter rather than a factum?
Rule 14.24(1)(b) permits the letter of intention not to file a factum, with filing and service before the applicable earlier boundary.
Alberta Rules of Court, Rule 14.24 (official PDF p. 348)Can a respondent without a factum argue orally?
Rule 14.23(3), applied through Rule 14.24, requires a panel order for oral argument where no factum is filed.
Alberta Rules of Court, Rule 14.23 (official PDF p. 347)Official sources and review
Provisions used (13)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 14.24(1)(b) (official PDF p. 348) | 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 14.24 (official PDF p. 348) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, Rule 14.23 (official PDF p. 347) | Check the identified procedure, event, counting rule or qualification |