Canada · British Columbia Court of Appeal
When must the BC appellant’s factum be filed and served?
The appellant must file and serve its factum not more than 30 days after filing the appeal record. Evidence references can also require an appeal book when the factum is filed and served.
- Period
- 30 days after the established event, subject to the stated branch
- Trigger
- Filing the appeal record
- Rule
- BC Court of Appeal Rules, BC Reg 120/2022, r 25(1)
Court of Appeal Rules consolidation current to October 6, 2026, last amended April 7, 2026 by BC Reg 56/2026. Court of Appeal Act and Interpretation Act consolidations current to September 22, 2026. Official directive compilation acquired October 8, 2026 UTC, including Registrar’s Filing Directive effective September 4, 2025. Later changes, enactment-specific periods and actual directions require separate checking.
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When must the BC appellant’s factum be filed and served?
The appellant must file and serve its factum not more than 30 days after filing the appeal record. Evidence references can also require an appeal book when the factum is filed and served.
Responsible actor. The appellant filing the main appeal factum.
Use the actual appeal-record filing date for the main appellant’s factum. Check the parallel evidence book and entered-order requirements before treating the appeal as ready for hearing.
The appellant files a factum but has not filed an entered copy of each appealed order. Rule 32(a) requires both the appellant’s factum and the entered orders before ordinary readiness.
Use the actual appeal-record filing date for the main appellant’s factum. Check the parallel evidence book and entered-order requirements before treating the appeal as ready for hearing.
BC Court of Appeal Rules, BC Reg 120/2022, r 25(1)How does this provision count time?
- The appellant filing the main appeal factum first identifies the operative event named in r 25(1).
- The appellant’s thirty calendar days begin after filing the appeal record. Serving that record later does not postpone this filing-based count, and the evidence book can be due alongside the factum. Interpretation Act section 25.2(2)(a) excludes the event day.
- The party checks the actual granted order and the required filing or service evidence before relying on the ordinary appellant factum branch.
The appellant’s thirty calendar days begin after filing the appeal record. Serving that record later does not postpone this filing-based count, and the evidence book can be due alongside the factum. Interpretation Act section 25.2(2)(a) excludes the event day.
For appellant factum, Rule 2 extends a time for doing the act that falls or expires on a nonbusiness day to the next business day, using the actual registry-opening definition and registrar directions in Rules 1 and 83. Verify an unusual local closure separately.
BC Court of Appeal Rules, BC Reg 120/2022, r 25(1)What do independently checked examples show?
Fictitious example
Filing the appeal record is established as Monday, July 6, 2026. The ordinary appellant factum branch applies. Fictitious qualifying facts. The final registry day is open, both required acts are completed by their effective boundary, no other enactment or direction changes the period, and no extension is inferred.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Filing the appeal record is established as Monday, July 6, 2026. The ordinary appellant factum branch applies. Fictitious qualifying facts. The final registry day is open, both required acts are completed by their effective boundary, no other enactment or direction changes the period, and no extension is inferred. The event day is excluded. The 30 calendar-day count ends on Wednesday, August 5, 2026, an assumed registry-open day with no different order. | Wednesday, August 5, 2026 |
| Example 2. Closed-day boundary | Filing the appeal record is established as Thursday, July 9, 2026. The raw 30th day is a nonbusiness day, Saturday, August 8, 2026. Fictitious qualifying facts. The final registry day is open, both required acts are completed by their effective boundary, no other enactment or direction changes the period, and no extension is inferred. All intermediate calendar days count. Rule 2 moves the nonbusiness final day to Monday, August 10, 2026, assuming that registry is open and no different direction applies. | Monday, August 10, 2026 |
| Example 3. Material procedural branch | Filing the appeal record is established as Monday, October 19, 2026. The appellant files a factum but has not filed an entered copy of each appealed order. Fictitious qualifying facts. The final registry day is open, both required acts are completed by their effective boundary, no other enactment or direction changes the period, and no extension is inferred. Rule 32(a) requires both the appellant’s factum and the entered orders before ordinary readiness. This arithmetic uses only the established 30-day event branch; it does not decide eligibility or grant relief. | Wednesday, November 18, 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?
- Does the appellant’s factum period begin with service of the appeal record?
- No. Rule 25(1) measures thirty days after filing the appeal record. Establish its filing date rather than a later service date.
- When must the appellant provide an appeal book?
- If the factum refers to evidence, Rule 26(2) ordinarily requires the appellant to file and serve an appeal book when it files and serves the factum. Check the joint-book alternative.
- Does filing the factum alone make the appeal ready for hearing?
- Ordinary readiness under Rule 32(a) also requires a copy of each appealed order in its entered form. A justice or registrar may specify another readiness date.
- Actual filing and effective service for appellant factum
- Appellant factum requires identifying accepted filing and effective service separately. Rule 83 applies a 4 p.m. filing boundary, and Rule 4(3) applies the email or fax service boundary.
- Use the actual appeal-record filing date for the main appellant’s factum. Check the parallel evidence book and entered-order requirements before treating the appeal as ready for hearing.
- This factum follows the appeal record. The respondent’s factum follows service of the appellant’s factum, and a cross-appeal factum follows its own Rule 29 branch.
What must the responsible actor complete?
Questions about this procedure
When must the BC appellant’s factum be filed and served?
Does the appellant’s factum period begin with service of the appeal record?
No. Rule 25(1) measures thirty days after filing the appeal record. Establish its filing date rather than a later service date.
BC Court of Appeal Rules, BC Reg 120/2022, r 25(1)Must the appellant serve the factum within the same period?
Yes. Rule 25(1) requires the appellant to file and serve its factum within thirty days after the appeal record is filed.
BC Court of Appeal Rules, BC Reg 120/2022, r 25(1)When must the appellant provide an appeal book?
If the factum refers to evidence, Rule 26(2) ordinarily requires the appellant to file and serve an appeal book when it files and serves the factum. Check the joint-book alternative.
BC Court of Appeal Rules, BC Reg 120/2022, r 26(2) and (5)Does filing the factum alone make the appeal ready for hearing?
Ordinary readiness under Rule 32(a) also requires a copy of each appealed order in its entered form. A justice or registrar may specify another readiness date.
BC Court of Appeal Rules, BC Reg 120/2022, r 32What does the current filing directive require after e-filing a factum?
The September 4, 2025 directive requires three stamped paper copies of an e-filed factum within two weeks. The e-filing date and later paper-copy duty are separate.
Registrar’s Filing Directive, September 4, 2025, sections 2–4 and 7.1Can an expedited appeal have a different factum schedule?
Rule 31 allows a request to expedite with proposed dates. A justice’s or registrar’s actual directions must be checked; a proposed timetable does not itself replace Rule 25.
BC Court of Appeal Rules, BC Reg 120/2022, r 31Official sources and review
Provisions used (13)
| Provision | Purpose |
|---|---|
| BC Court of Appeal Rules, BC Reg 120/2022, r 25(1) | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act, RSBC 1996, c 238, s 25.2 | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 2 | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 3 | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 4(3) | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 83 | Check the identified procedure, event, counting rule or qualification |
| Court of Appeal Act, SBC 2021, c 6, s 32 | Check the identified procedure, event, counting rule or qualification |
| Registrar’s Filing Directive, September 4, 2025, sections 2–4 and 7.1 | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 26 | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 32 | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 26(2) and (5) | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, rr 4(3) and 83(3) | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 31 | Check the identified procedure, event, counting rule or qualification |