Canada · Alberta appeal procedures
When must I file an Alberta standard respondent’s factum?
Within two months after service of the appellant’s factum, file the respondent’s factum or a letter of intention not to file one. Serve its filed copy on every other party under Rule 14.23(2).
- Period
- 2 months after the established operative event
- Trigger
- Effective service of the appellant’s factum on the respondent
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 14.23(2) (official PDF pp. 347–348)
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.
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When must I file an Alberta standard respondent’s factum?
Within two months after service of the appellant’s factum, file the respondent’s factum or a letter of intention not to file one. Serve its filed copy on every other party under Rule 14.23(2).
Responsible actor. The respondent in a standard appeal.
Effective service of the appellant’s factum on the respondent.
Serving the Appeal Record does not start this two-month response period. The actual appellant-factum service date controls.
Alberta Court of Appeal civil procedure. File a compliant respondent’s factum or the specified letter, then serve its filed copy on every other party within the applicable period. Serving the Appeal Record does not start this two-month response period. The actual appellant-factum service date controls. 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 14.23(2) (official PDF pp. 347–348)How does this provision count time?
- File a compliant respondent’s factum or the specified letter, then serve its filed copy on every other party within the applicable period.
- 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 14.23(2) (official PDF pp. 347–348)What do independently checked examples show?
Fictitious example
Effective service of the appellant’s factum on the respondent 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 | Effective service of the appellant’s factum on the respondent 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 2 months under Rules 13.3–13.4. The raw threshold is Tuesday, December 1, 2026. The final date is an established ordinary nonholiday weekday; no final-day adjustment is required. | Tuesday, December 1, 2026 |
| Example 2. Closed-day boundary | Effective service of the appellant’s factum on the respondent is established on Thursday, January 8, 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 2 months under Rules 13.3–13.4. The raw threshold is Sunday, March 8, 2026. The raw day is a defined holiday; the next nonholiday is Monday, March 9, 2026. The required filing place is established open and effective service is possible on that day. | Monday, March 9, 2026 |
| Example 3. Material procedural branch | The appellant’s factum was filed earlier and is effectively served on this respondent on Thursday, October 15, 2026. The filing date does not replace actual service. 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 2 months under Rules 13.3–13.4. The raw threshold is Tuesday, December 15, 2026. 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, December 15, 2026 |
| Example 4. Closed-day boundary | The applicable combined filing-and-service model reaches the actual Court of Appeal closure on September 30, 2026. The September 25 notice carries filing to October 1 but does not establish an interpartes service extension. The exact BUG-123 guard refuses a combined date. | No combined computed or purchasable date until actual filing and service timing is established. |
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
- File a compliant respondent’s factum or the specified letter, then serve its filed copy on every other party within the applicable period. Serving the Appeal Record does not start this two-month response period. The actual appellant-factum service date controls.
- Material qualification
- Serving the Appeal Record does not start this two-month response period. The actual appellant-factum service date controls.
- 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. File a compliant respondent’s factum or the specified letter, then serve its filed copy on every other party within the applicable period. Serving the Appeal Record does not start this two-month response period. The actual appellant-factum service date controls. This ordinary branch requires the established actor, effective event and no operative varying direction. Unsupported holiday, closure and method facts require separate review.
- Serving the Appeal Record does not start this two-month response period. The actual appellant-factum service date controls.
What must the responsible actor complete?
Questions about this procedure
When must I file an Alberta standard respondent’s factum?
What event starts the standard respondent factum period?
Effective service of the appellant’s factum on the respondent. Preserve evidence of that event; Serving the Appeal Record does not start this two-month response period. The actual appellant-factum service date controls.
Alberta Rules of Court, Alta Reg 124/2010, r 14.23(2) (official PDF pp. 347–348)What must I complete for this standard respondent factum procedure?
File a compliant respondent’s factum or the specified letter, then serve its filed copy on every other party within the applicable period.
Alberta Rules of Court, Alta Reg 124/2010, r 14.23(2) (official PDF pp. 347–348)May I simply omit a respondent’s factum?
Rule 14.23(2) requires either a factum or a letter of intention not to file a factum, with service of its filed copy.
Alberta Rules of Court, Rule 14.23 (official PDF p. 347)Does record service start my two months?
No. The trigger is service of the appellant’s factum.
Alberta Rules of Court, Alta Reg 124/2010, r 14.23(2) (official PDF pp. 347–348)Can a respondent without a factum present oral argument?
Rule 14.23(3) bars oral argument unless the panel orders otherwise. Filing the letter does not itself grant permission.
Alberta Rules of Court, Rule 14.23 (official PDF p. 347)Does a fast track respondent also get two months?
No. Rule 14.24(1)(b) uses the earlier of two different fast track thresholds. Establish the actual track.
Alberta Rules of Court, Rule 14.24 (official PDF p. 348)Official sources and review
Provisions used (14)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 14.23(2) (official PDF pp. 347–348) | 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 |
| Court of Appeal notice of September 25, 2026, September 30 closure | 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 14.23 (official PDF p. 347) | 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 |