Canada · Manitoba appeal procedures
When must an appellant file a factum in the Manitoba Court of Appeal?
File three appellant-factum copies within 45 days after depositing the transcript or judge’s notes, subject to any additional-copy direction.
- Period
- 45 days after the established event
- Trigger
- Depositing the actual transcript or judge’s notes of evidence
- Rule
- Court of Appeal Rules, Man Reg 555/88 R, r 26(1)
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 must an appellant file a factum in the Manitoba Court of Appeal?
File three appellant-factum copies within 45 days after depositing the transcript or judge’s notes, subject to any additional-copy direction.
Responsible actor. The appellant on the transcript or judge’s-notes track.
Establish depositing the actual transcript or judge’s notes of evidence.
The Rule 26 filing period differs from the five-day post-filing service period and the Rule 28 no-transcript combined filing-and-service period.
Manitoba Court of Appeal appellant-factum filing after deposit of the transcript or certified judge’s notes. This 45-day model covers the three-copy filing requirement, with additional copies if directed. It does not compute the separate post-filing service period or the no-transcript timetable. Establish actual deposit and review unsupported final closures or varying orders.
Court of Appeal Rules, Man Reg 555/88 R, r 26(1)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 26(1)What do independently checked examples show?
Fictitious example
Illustrative established event on Thursday, October 1, 2026. Depositing the actual transcript or judge’s notes of evidence. 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. Depositing the actual transcript or judge’s notes of evidence. 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. Depositing the actual transcript or judge’s notes of evidence. 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. Depositing the actual transcript or judge’s notes of evidence. 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. The Rule 26 filing period differs from the five-day post-filing service period and the Rule 28 no-transcript combined filing-and-service period. 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
- The Rule 26 filing period differs from the five-day post-filing service period and the Rule 28 no-transcript combined filing-and-service period.
- Material boundary
- Certified judge’s notes substitute for the unavailable transcript. Establish their deposit for Rule 26 rather than reusing the earlier date the appellant learned the transcript was unavailable.
- 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 appellant-factum filing after deposit of the transcript or certified judge’s notes. This 45-day model covers the three-copy filing requirement, with additional copies if directed. It does not compute the separate post-filing service period or the no-transcript timetable. Establish actual deposit and review unsupported final closures or varying orders.
- The Rule 26 filing period differs from the five-day post-filing service period and the Rule 28 no-transcript combined filing-and-service period.
What must the responsible actor complete?
Questions about this procedure
When must an appellant file a factum in the Manitoba Court of Appeal?
What starts this appellant factum filing deadline?
Depositing the actual transcript or judge’s notes of evidence. Preserve evidence of that actual event; another procedure’s trigger does not replace it.
Court of Appeal Rules, Man Reg 555/88 R, r 26(1)What action does this ordinary period require?
File three factum copies within 45 days after depositing the transcript or judge’s notes; comply with any additional-copy direction.
Court of Appeal Rules, Man Reg 555/88 R, r 26(1)Can judge’s notes start the 45-day factum period?
Yes. Rule 26(1) expressly uses depositing the transcript or judge’s notes of evidence.
Court of Appeal Rules, Man Reg 555/88 R, r 26(1)Does the 30-day judge’s-notes period start the factum clock?
No. Rule 18 concerns learning that the transcript is unavailable. Rule 26 concerns actual deposit of the evidence material.
Court of Appeal Rules, Man Reg 555/88 R, r 26(1)How long may the ordinary appellant’s factum be?
Rule 29(3) limits a factum to 30 pages unless the court or a judge orders otherwise. Current formatting and electronic-copy directions remain relevant.
Court of Appeal Rules, Man Reg 555/88 R, r 26(1)Is a late registrar extension automatic?
No. Rule 28.1 requires an eligible pre-expiry written request with consent, or a judge’s order on motion. Filing late does not itself establish relief.
Court of Appeal Rules, Man Reg 555/88 R, r 26(1)Official sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| Court of Appeal Rules, Man Reg 555/88 R, r 26(1) | 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 |