Canada · Manitoba appeal procedures
When must I respond to an ordinary Manitoba Court of Appeal motion?
File and serve the response memorandum and permitted affidavit evidence within four days after effective service, using the applicable short-period holiday exclusions.
- Period
- 4 days after the established event
- Trigger
- Effective service of the motion and supporting material
- Rule
- Court of Appeal Rules, Man Reg 555/88 R, r 43.1(3)
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 respond to an ordinary Manitoba Court of Appeal motion?
File and serve the response memorandum and permitted affidavit evidence within four days after effective service, using the applicable short-period holiday exclusions.
Responsible actor. The respondent to an established ordinary motion.
Establish effective service of the motion and supporting material.
Current practice direction item 7 expressly imports King’s Bench Rule 3 computation here. The ordinary four-day period excludes King’s Bench holidays, unlike the separate five-day appeal-document service clocks.
Manitoba Court of Appeal ordinary motion response under practice-direction item 7. The four days follow effective service and exclude King’s Bench holidays under the specifically imported short-period rule. This differs from the consecutive five-day appeal-document service periods. Establish the ordinary motion branch, excluding judicial interim release and Rule 21, and review actual variations or unsupported closures.
Court of Appeal Rules, Man Reg 555/88 R, r 43.1(3)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 first event date and include the second under King’s Bench Rule 3.01(a), even where clear days or at least is used. A period shorter than seven days excludes Rule 1.03 holidays under Rule 3.01(b). A seven-day or longer period counts intermediate holidays. Current Consolidated Practice Direction item 7 imports this computation for the ordinary motion-material branch and expressly excludes judicial interim release and Rule 21 further evidence.
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 43.1(3)What do independently checked examples show?
Fictitious example
Illustrative established event on Monday, October 5, 2026. Effective service of the motion and supporting material. 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 Monday, October 5, 2026. Effective service of the motion and supporting material. 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 count 4 King’s Bench nonholiday days after the effective event. Counted dates are Tuesday, October 6, 2026, Wednesday, October 7, 2026, Thursday, October 8, 2026, Friday, October 9, 2026. Apply the supported final holiday and actual registry-opening facts to reach Friday, October 9, 2026. | Friday, October 9, 2026 |
| Example 2. Closed-day boundary | Illustrative established event on Friday, October 9, 2026. Effective service of the motion and supporting material. 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 count 4 King’s Bench nonholiday days after the effective event. Counted dates are Tuesday, October 13, 2026, Wednesday, October 14, 2026, Thursday, October 15, 2026, Friday, October 16, 2026. Apply the supported final holiday and actual registry-opening facts to reach Friday, October 16, 2026. | Friday, October 16, 2026 |
| Example 3. Material procedural branch | Illustrative established event on Tuesday, October 13, 2026. Effective service of the motion and supporting material. 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. Current practice direction item 7 expressly imports King’s Bench Rule 3 computation here. The ordinary four-day period excludes King’s Bench holidays, unlike the separate five-day appeal-document service clocks. This example keeps the stated ordinary branch established; the separate conditional scenario below is not converted into an invented date. Independently count 4 King’s Bench nonholiday days after the effective event. Counted dates are Wednesday, October 14, 2026, Thursday, October 15, 2026, Friday, October 16, 2026, Monday, October 19, 2026. Apply the supported final holiday and actual registry-opening facts to reach Monday, October 19, 2026. | Monday, October 19, 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
- Current practice direction item 7 expressly imports King’s Bench Rule 3 computation here. The ordinary four-day period excludes King’s Bench holidays, unlike the separate five-day appeal-document service clocks.
- Material boundary
- The response concerns a special Rule 21 further-evidence motion. Its appellant affidavit exception and own-factum timetable replace the ordinary motion-response model.
- 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 ordinary motion response under practice-direction item 7. The four days follow effective service and exclude King’s Bench holidays under the specifically imported short-period rule. This differs from the consecutive five-day appeal-document service periods. Establish the ordinary motion branch, excluding judicial interim release and Rule 21, and review actual variations or unsupported closures.
- Current practice direction item 7 expressly imports King’s Bench Rule 3 computation here. The ordinary four-day period excludes King’s Bench holidays, unlike the separate five-day appeal-document service clocks.
What must the responsible actor complete?
Questions about this procedure
When must I respond to an ordinary Manitoba Court of Appeal motion?
What starts this appeal motion response deadline?
Effective service of the motion and supporting material. Preserve evidence of that actual event; another procedure’s trigger does not replace it.
Court of Appeal Rules, Man Reg 555/88 R, r 43.1(3)What action does this ordinary period require?
File and serve the written response memorandum and any permitted responding affidavit evidence not later than four days after effective service.
Court of Appeal Rules, Man Reg 555/88 R, r 43.1(3)Are these four calendar days in the ordinary motion branch?
The current practice direction imports King’s Bench Rule 3. Under Rule 3.01(b), holidays are excluded from a period shorter than seven days.
Court of King’s Bench Rule 3.01 and current practice direction item 7What must the response memorandum address?
Rule 43.1(3) requires the respondent’s position on the motion and any affidavit evidence in response permitted by law.
Court of Appeal Rules, Man Reg 555/88 R, r 43.1(3)How many paper copies are required?
Rule 43.1(4) requires one copy for a judge alone and four for the court. Current electronic-copy submission obligations also apply.
Court of Appeal electronic-document direction, January 12, 2026Can the registrar extend every response period?
Rule 43.1(6) excludes registrar extension for Rule 28.1(b) motions. Establish the appropriate court or judge’s actual order in that branch.
Court of Appeal Rules, Man Reg 555/88 R, r 43.1(3)Official sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| Court of Appeal Rules, Man Reg 555/88 R, r 43.1(3) | 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 King’s Bench Rules, M.R. 553/88, Rules 1.03 and 3.01 | 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 |
| Court of King’s Bench Rule 3.01 and current practice direction item 7 | Check the identified procedure, event, counting rule or qualification |
| Court of Appeal electronic-document direction, January 12, 2026 | Check the identified procedure, event, counting rule or qualification |