Canada · Alberta appeal procedures
When must I respond to an Alberta Court of Appeal panel application?
At least 10 days before the scheduled panel hearing, file and serve the reply memorandum and required affidavit, or the letter stating that no additional materials will be filed under Rule 14.43.
- Period
- 10 days before the established confirmed hearing
- Trigger
- The actual confirmed scheduled panel application hearing date
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 14.43 (official PDF p. 357)
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 respond to an Alberta Court of Appeal panel application?
At least 10 days before the scheduled panel hearing, file and serve the reply memorandum and required affidavit, or the letter stating that no additional materials will be filed under Rule 14.43.
Responsible actor. The respondent to an application before a Court of Appeal panel.
The actual confirmed scheduled panel application hearing date.
A response to a single appeal judge ordinarily has five days. This panel procedure uses ten days before the confirmed hearing.
Alberta Court of Appeal civil procedure. File and serve the response memorandum and required affidavit or specified no-additional-materials letter on every other party, preserving ten days. A response to a single appeal judge ordinarily has five days. This panel procedure uses ten days before the confirmed hearing. 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 14.43 (official PDF p. 357)How does this provision count time?
- File and serve the response memorandum and required affidavit or specified no-additional-materials letter on every other party, preserving ten days.
- 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 14.43 (official PDF p. 357)What do independently checked examples show?
Fictitious example
The actual confirmed scheduled panel application hearing date is established on Thursday, October 1, 2026. The hearing is confirmed, the ordinary application branch applies and no abridgment has been granted. 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 | The actual confirmed scheduled panel application hearing date is established on Thursday, October 1, 2026. The hearing is confirmed, the ordinary application branch applies and no abridgment has been granted. 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 subtract 10 days under Rules 13.3–13.4. The raw threshold is Monday, September 21, 2026. The final date is an established ordinary nonholiday weekday; no final-day adjustment is required. | Monday, September 21, 2026 |
| Example 2. Closed-day boundary | The actual confirmed scheduled panel application hearing date is established on Wednesday, January 7, 2026. The hearing is confirmed, the ordinary application branch applies and no abridgment has been granted. 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 subtract 10 days under Rules 13.3–13.4. The raw threshold is Sunday, December 28, 2025. A forward carry would reduce the minimum interval. This scenario requires a noncomputed scope refusal. | The raw minimum-notice threshold is a holiday. Establish a compliant earlier filing and service date or actual relief; no automatic later date. |
| Example 3. Material procedural branch | The panel hearing is confirmed for Thursday, October 15, 2026. The respondent chooses the permitted letter rather than a response memorandum. The ten-day filing-and-service interval remains. 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 subtract 10 days under Rules 13.3–13.4. The raw threshold is Monday, October 5, 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. | Monday, October 5, 2026 |
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 and serve the response memorandum and required affidavit or specified no-additional-materials letter on every other party, preserving ten days. A response to a single appeal judge ordinarily has five days. This panel procedure uses ten days before the confirmed hearing.
- Material qualification
- A response to a single appeal judge ordinarily has five days. This panel procedure uses ten days before the confirmed hearing.
- 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 and serve the response memorandum and required affidavit or specified no-additional-materials letter on every other party, preserving ten days. A response to a single appeal judge ordinarily has five days. This panel procedure uses ten days before the confirmed hearing. This ordinary branch requires the established actor, effective event and no operative varying direction. Unsupported holiday, closure and method facts require separate review.
- A response to a single appeal judge ordinarily has five days. This panel procedure uses ten days before the confirmed hearing.
What must the responsible actor complete?
Questions about this procedure
When must I respond to an Alberta Court of Appeal panel application?
What event starts the panel application response period?
The actual confirmed scheduled panel application hearing date. Preserve evidence of that event; A response to a single appeal judge ordinarily has five days. This panel procedure uses ten days before the confirmed hearing.
Alberta Rules of Court, Alta Reg 124/2010, r 14.43 (official PDF p. 357)What must I complete for this panel application response procedure?
File and serve the response memorandum and required affidavit or specified no-additional-materials letter on every other party, preserving ten days.
Alberta Rules of Court, Alta Reg 124/2010, r 14.43 (official PDF p. 357)Can I use the single-judge five-day response period?
No. Rule 14.43 requires at least ten days before the panel hearing.
Alberta Rules of Court, Rule 14.43 (official PDF p. 357)Can I file a no-additional-materials letter?
Yes. Rule 14.43(b) permits the letter, but requires filing and service.
Alberta Rules of Court, Rule 14.43 (official PDF p. 357)May I argue orally if I file only the letter?
Oral argument then requires permission under Rule 14.49. The letter does not itself grant that permission.
Alberta Rules of Court, Rule 14.49 (official PDF p. 359)What happens if the raw cutoff is Sunday?
The minimum ten-day interval still requires review. This source review does not assume that Monday service automatically preserves it.
Alberta Rules of Court, Alta Reg 124/2010, r 14.43 (official PDF p. 357)Official sources and review
Provisions used (13)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 14.43 (official PDF p. 357) | 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 14.43 (official PDF p. 357) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, Rule 14.49 (official PDF p. 359) | Check the identified procedure, event, counting rule or qualification |