Canada · Manitoba appeal procedures
When must I obtain certified judge’s notes for a Manitoba appeal?
Obtain and deliver three certified copies within 30 days after learning that the transcript is unavailable. Notify every other party without delay.
- Period
- 30 days after the established event
- Trigger
- The established date the appellant learned a transcript of evidence was unavailable
- Rule
- Court of Appeal Rules, Man Reg 555/88 R, r 18
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 obtain certified judge’s notes for a Manitoba appeal?
Obtain and deliver three certified copies within 30 days after learning that the transcript is unavailable. Notify every other party without delay.
Responsible actor. The appellant who learns the transcript is unavailable.
Establish the established date the appellant learned a transcript of evidence was unavailable.
Knowledge of unavailability starts this 30-day step. Later deposit of the certified notes separately starts the Rule 26(1) factum period.
Manitoba Court of Appeal certified judge’s notes where the transcript is unavailable. Knowledge of unavailability starts the 30 days to obtain and deliver three certified copies; other parties must be notified without delay. Later arrival or deposit of the notes does not restart this step. Check actual directions and unsupported final closures separately.
Court of Appeal Rules, Man Reg 555/88 R, r 18How 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 18What do independently checked examples show?
Fictitious example
Illustrative established event on Thursday, October 1, 2026. The established date the appellant learned a transcript of evidence was unavailable. 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. The established date the appellant learned a transcript of evidence was unavailable. 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. The established date the appellant learned a transcript of evidence was unavailable. 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. The established date the appellant learned a transcript of evidence was unavailable. 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. Knowledge of unavailability starts this 30-day step. Later deposit of the certified notes separately starts the Rule 26(1) factum 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
- Knowledge of unavailability starts this 30-day step. Later deposit of the certified notes separately starts the Rule 26(1) factum period.
- Material boundary
- The reporter confirms unavailability October 5 but certified notes arrive October 20. The Rule 18 clock does not restart when the notes arrive.
- 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 certified judge’s notes where the transcript is unavailable. Knowledge of unavailability starts the 30 days to obtain and deliver three certified copies; other parties must be notified without delay. Later arrival or deposit of the notes does not restart this step. Check actual directions and unsupported final closures separately.
- Knowledge of unavailability starts this 30-day step. Later deposit of the certified notes separately starts the Rule 26(1) factum period.
What must the responsible actor complete?
Questions about this procedure
When must I obtain certified judge’s notes for a Manitoba appeal?
What starts this judge’s certified notes deadline?
The established date the appellant learned a transcript of evidence was unavailable. Preserve evidence of that actual event; another procedure’s trigger does not replace it.
Court of Appeal Rules, Man Reg 555/88 R, r 18What action does this ordinary period require?
Within 30 days obtain and deliver three copies of the judge’s certified notes to the registrar, and notify every other party without delay.
Court of Appeal Rules, Man Reg 555/88 R, r 18Does the date I request the transcript control?
No. Rule 18 uses when the appellant learns that a transcript is unavailable. Preserve evidence proving that knowledge date.
Court of Appeal Rules, Man Reg 555/88 R, r 18Must the judge certify the notes?
Yes. Rule 18 calls for three copies of the judge’s notes certified by that judge and delivered to the registrar.
Court of Appeal Rules, Man Reg 555/88 R, r 18Can I wait 30 days to tell the other parties?
After obtaining and delivering the certified copies, Rule 18 requires notice to each other party without delay. That distinct prompt duty has no fresh 30-day allowance.
Court of Appeal Rules, Man Reg 555/88 R, r 18What if neither transcript nor adequate notes are available?
Rule 19 permits the court to hear the appeal on available material or order a new trial. This calculator does not choose that discretionary outcome.
Court of Appeal Rules, Man Reg 555/88 R, r 18Official sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| Court of Appeal Rules, Man Reg 555/88 R, r 18 | 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 |