Canada · Alberta appeal procedures
When must I respond to an Alberta single judge appeal application?
At least five days before the scheduled hearing, file and serve the response memorandum, required affidavit and materials, or a letter stating that no additional materials will be filed under Rule 14.41.
- Period
- 5 days before the established confirmed hearing
- Trigger
- The actual confirmed scheduled application hearing date
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 14.41 (official PDF p. 356)
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 single judge appeal application?
At least five days before the scheduled hearing, file and serve the response memorandum, required affidavit and materials, or a letter stating that no additional materials will be filed under Rule 14.41.
Responsible actor. The respondent to an application to a single appeal judge.
The actual confirmed scheduled application hearing date.
A letter stating that no additional materials will be filed does not preserve an automatic right to oral submissions. Rule 14.49 requires permission.
Alberta Court of Appeal civil procedure. File and serve the response materials or specified letter on every other party while preserving the minimum five-day interval. A letter stating that no additional materials will be filed does not preserve an automatic right to oral submissions. Rule 14.49 requires permission. 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 14.41 (official PDF p. 356)How does this provision count time?
- File and serve the response materials or specified letter on every other party while preserving the minimum five-day interval.
- 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 14.41 (official PDF p. 356)What do independently checked examples show?
Fictitious example
The actual confirmed scheduled application hearing date is established on Tuesday, October 6, 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 application hearing date is established on Tuesday, October 6, 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 5 days under Rules 13.3–13.4. The raw threshold is Thursday, October 1, 2026. The final date is an established ordinary nonholiday weekday; no final-day adjustment is required. | Thursday, October 1, 2026 |
| Example 2. Closed-day boundary | The actual confirmed scheduled application hearing date is established on Tuesday, January 6, 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 5 days under Rules 13.3–13.4. The raw threshold is Thursday, January 1, 2026. 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 single-judge hearing is confirmed for Tuesday, October 20, 2026. The respondent chooses the permitted no-additional-materials letter. Its filing and service still require the ordinary five-day interval, and oral argument needs separate permission. 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 5 days under Rules 13.3–13.4. The raw threshold is Thursday, October 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. | Thursday, October 15, 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 materials or specified letter on every other party while preserving the minimum five-day interval. A letter stating that no additional materials will be filed does not preserve an automatic right to oral submissions. Rule 14.49 requires permission.
- Material qualification
- A letter stating that no additional materials will be filed does not preserve an automatic right to oral submissions. Rule 14.49 requires permission.
- 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 materials or specified letter on every other party while preserving the minimum five-day interval. A letter stating that no additional materials will be filed does not preserve an automatic right to oral submissions. Rule 14.49 requires permission. This ordinary branch requires the established actor, effective event and no operative varying direction. Unsupported holiday, closure and method facts require separate review.
- A letter stating that no additional materials will be filed does not preserve an automatic right to oral submissions. Rule 14.49 requires permission.
What must the responsible actor complete?
Questions about this procedure
When must I respond to an Alberta single judge appeal application?
What event starts the single judge application response period?
The actual confirmed scheduled application hearing date. Preserve evidence of that event; A letter stating that no additional materials will be filed does not preserve an automatic right to oral submissions. Rule 14.49 requires permission.
Alberta Rules of Court, Rule 14.49 (official PDF p. 359)What must I complete for this single judge application response procedure?
File and serve the response materials or specified letter on every other party while preserving the minimum five-day interval.
Alberta Rules of Court, Alta Reg 124/2010, r 14.41 (official PDF p. 356)Are these five business days?
No. Rule 13.3 excludes the hearing date and counts consecutive days. It does not add a general short-period business-day exclusion.
Alberta Rules of Court, Rule 13.3 (official PDF p. 312)May I file a letter instead of response materials?
Rule 14.41(b) permits a letter indicating that no additional materials will be filed, with filing and service.
Alberta Rules of Court, Rule 14.41 (official PDF p. 356)Does filing the letter guarantee oral submissions?
No. Rule 14.41(b) and Rule 14.49 require permission for oral submissions where no memorandum is filed.
Alberta Rules of Court, Rule 14.41 (official PDF p. 356)What if the raw five-day threshold is a holiday?
Do not automatically shift forward and shorten the required notice. Establish a compliant earlier date or actual relief for the precise filing and service acts.
Alberta Rules of Court, Alta Reg 124/2010, r 14.41 (official PDF p. 356)Official sources and review
Provisions used (14)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 14.41 (official PDF p. 356) | 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 14.49 (official PDF p. 359) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, Rule 13.3 (official PDF p. 312) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, Rule 14.41 (official PDF p. 356) | Check the identified procedure, event, counting rule or qualification |