Canada · Manitoba appeal procedures
When must I file a Manitoba Court of Appeal notice after leave is granted?
File and serve the notice within 30 days after pronouncement of the order granting leave, unless the court directs another period.
- Period
- 30 days after the established event
- Trigger
- Pronouncement of the actual order granting leave to appeal
- Rule
- Court of Appeal Rules, Man Reg 555/88 R, r 11(2.1)
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.
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When must I file a Manitoba Court of Appeal notice after leave is granted?
File and serve the notice within 30 days after pronouncement of the order granting leave, unless the court directs another period.
Responsible actor. The appellant who has actually obtained leave to appeal.
Establish pronouncement of the actual order granting leave to appeal.
The date leave is granted controls this branch. A pending leave application or the underlying judgment date does not start the post-leave period.
Manitoba Court of Appeal notice after leave has actually been granted. The ordinary 30 days begin with pronouncement of the leave order; a pending application is insufficient. Read the actual leave order for a different period and establish both filing and service. Unsupported final closures remain outside this ordinary branch.
Court of Appeal Rules, Man Reg 555/88 R, r 11(2.1)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 11(2.1)What do independently checked examples show?
Fictitious example
Illustrative established event on Thursday, October 1, 2026. Pronouncement of the actual order granting leave to 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. Pronouncement of the actual order granting leave to 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 30-day forward offset from the established event, excluding that event. The raw threshold is Saturday, October 31, 2026. Apply the supported final holiday and actual registry-opening facts to reach Monday, November 2, 2026. | Monday, November 2, 2026 |
| Example 2. Closed-day boundary | Illustrative established event on Friday, September 11, 2026. Pronouncement of the actual order granting leave to 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 30-day forward offset from the established event, excluding that event. The raw threshold is Sunday, October 11, 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. Pronouncement of the actual order granting leave to 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. The date leave is granted controls this branch. A pending leave application or the underlying judgment date does not start the post-leave period. This example keeps the stated ordinary branch established; the separate conditional scenario below is not converted into an invented date. Independently apply a 30-day forward offset from the established event, excluding that event. The raw threshold is Saturday, November 7, 2026. Apply the supported final holiday and actual registry-opening facts to reach Monday, November 9, 2026. | Monday, November 9, 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 date leave is granted controls this branch. A pending leave application or the underlying judgment date does not start the post-leave period.
- Material boundary
- The actual leave order directs 14 days. That order-specific period displaces the ordinary 30 days and cannot be computed by this ordinary 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 notice after leave has actually been granted. The ordinary 30 days begin with pronouncement of the leave order; a pending application is insufficient. Read the actual leave order for a different period and establish both filing and service. Unsupported final closures remain outside this ordinary branch.
- The date leave is granted controls this branch. A pending leave application or the underlying judgment date does not start the post-leave period.
What must the responsible actor complete?
Questions about this procedure
When must I file a Manitoba Court of Appeal notice after leave is granted?
What starts this appeal notice after leave deadline?
Pronouncement of the actual order granting leave to 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 11(2.1)What action does this ordinary period require?
File and serve the notice under Rule 10(1) within 30 days after pronouncement unless the court directs another period.
Court of Appeal Rules, Man Reg 555/88 R, r 11(2.1)Can I use the date I applied for leave?
No. Rule 11(2.1) uses pronouncement of the order granting leave. Applying for leave does not establish that event.
Court of Appeal Rules, Man Reg 555/88 R, r 11(2.1)What if the leave order specifies a different time?
Use the actual directed time. Rule 11(2.1) expressly permits the court to direct another period.
Court of Appeal Rules, Man Reg 555/88 R, r 11(2.1)Does this calculate the deadline for seeking leave?
No. Rule 3.1 prescribes a notice-of-motion procedure, while the relevant enactment may control the deadline for seeking leave.
Court of Appeal Rules, Man Reg 555/88 R, r 11(2.1)Are filing and service both required after leave?
Yes. Rule 11(2.1) requires both in accordance with Rule 10(1), within the applicable ordinary or directed period.
Court of Appeal Rules, Man Reg 555/88 R, r 11(2.1)Official sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| Court of Appeal Rules, Man Reg 555/88 R, r 11(2.1) | 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 Act, C.C.S.M. c. C240, sections 25.1–25.2 | 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 |