Canada · British Columbia Court of Appeal
When must the ordinary BC respondent’s factum be filed and served?
The ordinary respondent must file and serve its factum not more than 30 days after being served the appellant’s factum. A respondent who has brought a cross appeal uses Rule 29(1) instead.
- Period
- 30 days after the established event, subject to the stated branch
- Trigger
- Effective service of the appellant’s factum
- Rule
- BC Court of Appeal Rules, BC Reg 120/2022, r 25(2)
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 ordinary BC respondent’s factum be filed and served?
The ordinary respondent must file and serve its factum not more than 30 days after being served the appellant’s factum. A respondent who has brought a cross appeal uses Rule 29(1) instead.
Responsible actor. The respondent who has not brought a cross appeal.
Confirm the party is an ordinary respondent rather than a cross appellant. Record effective service of the appellant’s factum and check whether additional evidence requires a respondent’s appeal book.
A respondent already filed Form 3 seeking different relief. Rule 29(1) substitutes the respondent’s cross appeal factum for the Rule 25(2) ordinary factum.
Confirm the party is an ordinary respondent rather than a cross appellant. Record effective service of the appellant’s factum and check whether additional evidence requires a respondent’s appeal book.
BC Court of Appeal Rules, BC Reg 120/2022, r 25(2)How does this provision count time?
- The respondent who has not brought a cross appeal first identifies the operative event named in r 25(2).
- The ordinary respondent’s thirty calendar days follow effective service of the appellant’s factum. Use Rule 4(3) when email or fax arrives after the service boundary. 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 respondent factum branch.
The ordinary respondent’s thirty calendar days follow effective service of the appellant’s factum. Use Rule 4(3) when email or fax arrives after the service boundary. Interpretation Act section 25.2(2)(a) excludes the event day.
For respondent 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(2)What do independently checked examples show?
Fictitious example
Effective service of the appellant’s factum is established as Monday, July 6, 2026. The ordinary respondent 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 | Effective service of the appellant’s factum is established as Monday, July 6, 2026. The ordinary respondent 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 | Effective service of the appellant’s factum 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 | The operative served document is emailed Friday, October 16, 2026 after 4 p.m. Effective service is Monday Monday, October 19, 2026 under Rule 4(3), assuming that registry day is open. 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. Use the effective service date, not Friday transmission. The 30 calendar-day period ends on Wednesday, November 18, 2026. | 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?
- What starts the respondent’s thirty-day factum period?
- Service of the appellant’s factum starts Rule 25(2). Its filing date alone does not establish when the respondent’s clock began.
- When does a respondent need its own appeal book?
- Rule 26(3) ordinarily requires an appeal book with the factum if it refers to evidence absent from the appellant’s appeal book. The joint-book alternative must be checked separately.
- Can a joint appeal book satisfy the evidence-book obligation?
- Yes. Rule 26(5) permits a joint book within thirty days after filing the respondent’s factum and treats that filing as satisfying the individual appeal-book requirement.
- Actual filing and effective service for respondent factum
- Respondent 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.
- Confirm the party is an ordinary respondent rather than a cross appellant. Record effective service of the appellant’s factum and check whether additional evidence requires a respondent’s appeal book.
- The respondent’s factum answers the main appeal. The cross appellant files a respondent’s cross appeal factum instead, even though both ordinary periods are thirty days.
What must the responsible actor complete?
Questions about this procedure
When must the ordinary BC respondent’s factum be filed and served?
What starts the respondent’s thirty-day factum period?
Service of the appellant’s factum starts Rule 25(2). Its filing date alone does not establish when the respondent’s clock began.
BC Court of Appeal Rules, BC Reg 120/2022, r 25(2)Does a cross appellant file the ordinary respondent’s factum?
Rule 29(1) requires a respondent’s cross appeal factum instead. The thirty-day trigger remains service of the appellant’s factum, but the required document differs.
BC Court of Appeal Rules, BC Reg 120/2022, r 29(1)When does a respondent need its own appeal book?
Rule 26(3) ordinarily requires an appeal book with the factum if it refers to evidence absent from the appellant’s appeal book. The joint-book alternative must be checked separately.
BC Court of Appeal Rules, BC Reg 120/2022, r 26(3) and (5)Can a joint appeal book satisfy the evidence-book obligation?
Yes. Rule 26(5) permits a joint book within thirty days after filing the respondent’s factum and treats that filing as satisfying the individual appeal-book requirement.
BC Court of Appeal Rules, BC Reg 120/2022, r 26(5)Can after-hours email service postpone the factum trigger?
Rule 4(3) deems email or fax after 4 p.m. on a business day served next business day. Enter that legally effective service event.
BC Court of Appeal Rules, BC Reg 120/2022, r 4(3)What follows an ordinary respondent’s served factum?
The appellant may file and serve a reply not more than seven days after service under Rule 25(3). A reply is permissive, unlike the required respondent’s factum.
BC Court of Appeal Rules, BC Reg 120/2022, r 25(3)Official sources and review
Provisions used (14)
| Provision | Purpose |
|---|---|
| BC Court of Appeal Rules, BC Reg 120/2022, r 25(2) | 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 29(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 26(3) and (5) | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 26(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 25(3) | Check the identified procedure, event, counting rule or qualification |