Canada · Alberta appeal procedures
How early must I serve an Alberta single judge appeal application?
For the established ordinary Rule 14.40(2) branch, serve the filed application and materials at least 10 days before the confirmed hearing. The consolidated direction also requires filing at least 10 days before that hearing.
- Period
- 10 days before the established confirmed hearing
- Trigger
- The actual confirmed scheduled hearing date
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 14.40(2) (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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How early must I serve an Alberta single judge appeal application?
For the established ordinary Rule 14.40(2) branch, serve the filed application and materials at least 10 days before the confirmed hearing. The consolidated direction also requires filing at least 10 days before that hearing.
Responsible actor. The applicant bringing an ordinary application to a single appeal judge.
The actual confirmed scheduled hearing date.
A proposed CAMS date is not a confirmed hearing. A permission application or actual abridgment direction requires separate timing review.
Alberta Court of Appeal civil procedure. File the application and required materials and serve filed copies on every other party with the required minimum ten-day interval. A proposed CAMS date is not a confirmed hearing. A permission application or actual abridgment direction requires separate timing review. 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 14.40(2) (official PDF p. 356)How does this provision count time?
- File the application and required materials and serve filed copies on every other party with the required minimum ten-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 14.40(2) (official PDF p. 356)What do independently checked examples show?
Fictitious example
The actual confirmed scheduled 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 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 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 | An ordinary single-judge application is confirmed for hearing on Thursday, October 15, 2026. The earlier scheduling request was not confirmation. No permission, without-notice or abridgment branch applies. 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 the application and required materials and serve filed copies on every other party with the required minimum ten-day interval. A proposed CAMS date is not a confirmed hearing. A permission application or actual abridgment direction requires separate timing review.
- Material qualification
- A proposed CAMS date is not a confirmed hearing. A permission application or actual abridgment direction requires separate timing review.
- 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 the application and required materials and serve filed copies on every other party with the required minimum ten-day interval. A proposed CAMS date is not a confirmed hearing. A permission application or actual abridgment direction requires separate timing review. This ordinary branch requires the established actor, effective event and no operative varying direction. Unsupported holiday, closure and method facts require separate review.
- A proposed CAMS date is not a confirmed hearing. A permission application or actual abridgment direction requires separate timing review.
What must the responsible actor complete?
Questions about this procedure
How early must I serve an Alberta single judge appeal application?
What event starts the single judge application notice period?
The actual confirmed scheduled hearing date. Preserve evidence of that event; A proposed CAMS date is not a confirmed hearing. A permission application or actual abridgment direction requires separate timing review.
Alberta Rules of Court, Alta Reg 124/2010, r 14.40(2) (official PDF p. 356)What must I complete for this single judge application notice procedure?
File the application and required materials and serve filed copies on every other party with the required minimum ten-day interval.
Alberta Rules of Court, Alta Reg 124/2010, r 14.40(2) (official PDF p. 356)Can I use a proposed hearing date?
Obtain the confirmed scheduled date. The current electronic scheduling direction says a request acknowledgment is not hearing confirmation.
Court of Appeal electronic scheduling notice of March 10, 2025Does ten days cover filing as well as service?
Rule 14.40(2) addresses service of filed materials. Consolidated Practice Directions General A.3(b) also requires filing at least ten days before the scheduled single-judge application.
Court of Appeal Consolidated Practice Directions, General A.3–A.4Does this include permission applications unchanged?
No. Rule 14.40(2) is subject to Rule 14.44 and Rule 6.4. Establish the specific permission or without-notice branch.
Alberta Rules of Court, Rule 14.40 (official PDF p. 356)Can I move a holiday cutoff forward automatically?
A later date can reduce the required minimum notice. Establish actual relief or a valid earlier filing-and-service date rather than assuming the minimum interval survives.
Alberta Rules of Court, Alta Reg 124/2010, r 14.40(2) (official PDF p. 356)Official sources and review
Provisions used (12)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 14.40(2) (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 14.40 (official PDF p. 356) | Check the identified procedure, event, counting rule or qualification |