Canada · Manitoba appeal procedures
When are Manitoba appeal documents due if no transcript is required?
File and serve the appeal book and appellant’s factum within 45 days after filing the Notice of Appeal, where no transcript is required.
- Period
- 45 days after the established event
- Trigger
- Actual filing of the Notice of Appeal
- Rule
- Court of Appeal Rules, Man Reg 555/88 R, r 28(1)(a)
Official bilingual Court of Appeal Rules accessed October 8, 2026, current November 19, 2025 through October 6, 2026, last amendment M.R. 105/2025. Read with the current January 13, 2026 Consolidated Practice Direction, January 12 electronic-copy direction and April 1 registry notice effective April 20 until further notice. The official Interpretation Act is current through October 6, 2026.
Free calculator · No account needed
Calculate your deadline
Loading calculator…
What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
When are Manitoba appeal documents due if no transcript is required?
File and serve the appeal book and appellant’s factum within 45 days after filing the Notice of Appeal, where no transcript is required.
Responsible actor. The appellant in an established no-transcript appeal.
Establish actual filing of the Notice of Appeal.
Rule 28 combines filing and service. The transcript-track five-day post-filing service clocks do not add time.
Manitoba Court of Appeal no-transcript procedure after filing the Notice of Appeal. Establish that no transcript is required before applying the combined 45-day filing-and-service period for the appeal book and appellant’s factum. A delayed transcript does not establish this branch, and the transcript-track service period adds no time. Review actual orders and unsupported final closures.
Court of Appeal Rules, Man Reg 555/88 R, r 28(1)(a)How does this provision count time?
- Identify the actual applicable rule, actor and procedural branch.
- Establish the operative event from the actual filing, service, notice or order.
- Apply the correct counting source and each required act’s final-day boundary.
- Complete the actual required filing, service, document, security or hearing-setting steps.
Exclude the specified event date under Interpretation Act section 22(4) and count consecutive days. The Court of Appeal Rules have no general short-period holiday exclusion. Section 22(3) separately excludes both event dates for true clear-day or minimum-between-events wording; establish that classification before using a backward notice cutoff.
Interpretation Act sections 23 and 24 separately address statutory holidays and closure of the actual place for an act. Saturday, Easter Monday and Civic Holiday are not listed section 23 holidays. The April 1, 2026 court notice, effective April 20 until further notice, closes the registry counter Wednesdays and weekends and accepts Wednesday filing on the next open registry day. That filing notice does not automatically extend separate interpartes service. Establish actual method, place, calendar and any additional closure.
Court of Appeal Rules, Man Reg 555/88 R, r 28(1)(a)What do independently checked examples show?
Fictitious example
Illustrative established event on Thursday, October 1, 2026. Actual filing of the Notice of Appeal. The event is effective, rather than proposed dispatch or informal knowledge. The applicable ordinary procedure, actor, recipients and effective method are established, with no actual varying order, granted extension, proclaimed holiday or additional closure. Where filing is required, the official paper document is accepted by the registry within the current counter hours and required electronic copies are submitted separately. Any distinct interpartes service is completed by its own applicable deadline.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Illustrative established event on Thursday, October 1, 2026. Actual filing of the Notice of Appeal. The event is effective, rather than proposed dispatch or informal knowledge. The applicable ordinary procedure, actor, recipients and effective method are established, with no actual varying order, granted extension, proclaimed holiday or additional closure. Where filing is required, the official paper document is accepted by the registry within the current counter hours and required electronic copies are submitted separately. Any distinct interpartes service is completed by its own applicable deadline. Independently apply a 45-day forward offset from the established event, excluding that event. The raw threshold is Sunday, November 15, 2026. Apply the supported final holiday and actual registry-opening facts to reach Monday, November 16, 2026. | Monday, November 16, 2026 |
| Example 2. Closed-day boundary | Illustrative established event on Friday, August 28, 2026. Actual filing of the Notice of Appeal. The event is effective, rather than proposed dispatch or informal knowledge. The applicable ordinary procedure, actor, recipients and effective method are established, with no actual varying order, granted extension, proclaimed holiday or additional closure. Where filing is required, the official paper document is accepted by the registry within the current counter hours and required electronic copies are submitted separately. Any distinct interpartes service is completed by its own applicable deadline. Independently apply a 45-day forward offset from the established event, excluding that event. The raw threshold is Monday, October 12, 2026. Apply the supported final holiday and actual registry-opening facts to reach Tuesday, October 13, 2026. | Tuesday, October 13, 2026 |
| Example 3. Material procedural branch | Illustrative established event on Thursday, October 8, 2026. Actual filing of the Notice of Appeal. The event is effective, rather than proposed dispatch or informal knowledge. The applicable ordinary procedure, actor, recipients and effective method are established, with no actual varying order, granted extension, proclaimed holiday or additional closure. Where filing is required, the official paper document is accepted by the registry within the current counter hours and required electronic copies are submitted separately. Any distinct interpartes service is completed by its own applicable deadline. Rule 28 combines filing and service. The transcript-track five-day post-filing service clocks do not add time. This example keeps the stated ordinary branch established; the separate conditional scenario below is not converted into an invented date. Independently apply a 45-day forward offset from the established event, excluding that event. The raw threshold is Sunday, November 22, 2026. Apply the supported final holiday and actual registry-opening facts to reach Monday, November 23, 2026. | Monday, November 23, 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?
- Established procedural branch
- Rule 28 combines filing and service. The transcript-track five-day post-filing service clocks do not add time.
- Material boundary
- A transcript is merely delayed rather than unnecessary. That fact does not establish the Rule 28 no-transcript branch.
- Actual variation
- Check the actual statute, order and any granted extension. Rule 42 permits court or judge variation except where the rules otherwise provide. Book and factum extensions have Rule 28.1 requirements. A requested extension is not a granted one.
- Actual final-day and completion facts
- Interpretation Act sections 23 and 24 separately address statutory holidays and closure of the actual place for an act. Saturday, Easter Monday and Civic Holiday are not listed section 23 holidays. The April 1, 2026 court notice, effective April 20 until further notice, closes the registry counter Wednesdays and weekends and accepts Wednesday filing on the next open registry day. That filing notice does not automatically extend separate interpartes service. Establish actual method, place, calendar and any additional closure.
- Manitoba Court of Appeal no-transcript procedure after filing the Notice of Appeal. Establish that no transcript is required before applying the combined 45-day filing-and-service period for the appeal book and appellant’s factum. A delayed transcript does not establish this branch, and the transcript-track service period adds no time. Review actual orders and unsupported final closures.
- Rule 28 combines filing and service. The transcript-track five-day post-filing service clocks do not add time.
What must the responsible actor complete?
Questions about this procedure
When are Manitoba appeal documents due if no transcript is required?
What starts this no-transcript appeal documents deadline?
Actual filing of the Notice of Appeal. Preserve evidence of that actual event; another procedure’s trigger does not replace it.
Court of Appeal Rules, Man Reg 555/88 R, r 28(1)(a)What action does this ordinary period require?
File and serve the appeal book and appellant’s factum within 45 days after filing the notice, where no transcript of evidence is required.
Court of Appeal Rules, Man Reg 555/88 R, r 28(1)(a)Does a delayed transcript make this a no-transcript appeal?
No. Rule 28(1) applies when no transcript of evidence is required. Delay or nonreceipt requires its own procedural response.
Court of Appeal Rules, Man Reg 555/88 R, r 28(1)(a)Must both the appeal book and factum be served within 45 days?
Yes. Rule 28(1)(a) expressly requires both documents to be filed and served within that period.
Court of Appeal Rules, Man Reg 555/88 R, r 28(1)(a)Can I add five days after filing the documents?
No. That would import the separate transcript-track service periods into the combined Rule 28 deadline.
Court of Appeal Rules, Man Reg 555/88 R, r 28(1)(a)Who may extend this period?
Rule 28(2) and Rule 28.1 provide the eligible registrar process or a judge-in-chambers motion. Record the actual extension and its terms.
Court of Appeal Rules, Man Reg 555/88 R, r 28(1)(a)Official sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| Court of Appeal Rules, Man Reg 555/88 R, r 28(1)(a) | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act, C.C.S.M. c. I80, sections 2 and 22–24 | Check the identified procedure, event, counting rule or qualification |
| Court of Appeal Rules, M.R. 555/88 R, Rule 42 | Check the identified procedure, event, counting rule or qualification |
| Court of Appeal Consolidated Practice Direction, January 13, 2026, items 2 and 7 | Check the identified procedure, event, counting rule or qualification |
| Court of Appeal registry counter notice, April 1, 2026, effective April 20 | Check the identified procedure, event, counting rule or qualification |
| Court of Appeal electronic-document direction, January 12, 2026, page 1 | Check the identified procedure, event, counting rule or qualification |
| Court of Appeal Rules, Rules 28.1 and 42 | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act sections 23–24 and current Court of Appeal registry notice | Check the identified procedure, event, counting rule or qualification |