Canada · Manitoba appeal procedures
When must I serve an appellant’s factum in the Manitoba Court of Appeal?
Serve a factum copy on every other party within five days after filing the appellant’s factum under Rule 26(3).
- Period
- 5 days after the established event
- Trigger
- Actual filing of the appellant’s factum
- Rule
- Court of Appeal Rules, Man Reg 555/88 R, r 26(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.
Source guide · No automated date
Check the applicable procedure
Manitoba Court of Appeal civil procedure. Source guide requiring the actual combined procedural and counting facts. No computed or paid date. Count the five-day service period separately from the factum filing period. Intermediate holidays do not disappear merely because the period is short.
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When must I serve an appellant’s factum in the Manitoba Court of Appeal?
Serve a factum copy on every other party within five days after filing the appellant’s factum under Rule 26(3).
Responsible actor. The appellant who filed a factum on the transcript track.
Establish actual filing of the appellant’s factum.
Count the five-day service period separately from the factum filing period. Intermediate holidays do not disappear merely because the period is short.
Manitoba Court of Appeal civil procedure. Source guide requiring the actual combined procedural and counting facts. No computed or paid date.
Court of Appeal Rules, Man Reg 555/88 R, r 26(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 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(3)Which facts prevent one automatic date?
Manitoba Court of Appeal civil procedure. Source guide requiring the actual combined procedural and counting facts. No computed or paid date. Count the five-day service period separately from the factum filing period. Intermediate holidays do not disappear merely because the period is short.
The factum is filed before a weekend and Thanksgiving. The rule prescribes five days rather than five working days. Check effective service on every other party and the final-day rule separately. Establish the operative legal branch and the actual required acts before applying any numeric period. No usable or paid date is asserted for this source-guide scenario.
Which conditions and exceptions apply?
- Established procedural branch
- Count the five-day service period separately from the factum filing period. Intermediate holidays do not disappear merely because the period is short.
- Material boundary
- The factum is filed before a weekend and Thanksgiving. The rule prescribes five days rather than five working days. Check effective service on every other party and the final-day rule separately.
- 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 civil procedure. Source guide requiring the actual combined procedural and counting facts. No computed or paid date.
- Count the five-day service period separately from the factum filing period. Intermediate holidays do not disappear merely because the period is short.
What must the responsible actor complete?
Questions about this procedure
When must I serve an appellant’s factum in the Manitoba Court of Appeal?
What starts this appellant factum service deadline guide?
Actual filing of the appellant’s factum. 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(3)What action does this source guide require?
Serve a factum copy on each other party within five days after filing under Rule 26(3).
Court of Appeal Rules, Man Reg 555/88 R, r 26(3)Does the factum service clock start with transcript filing?
No. Rule 26(3) starts it after the factum itself is filed. Transcript or notes deposit starts the separate 45-day filing period.
Court of Appeal Rules, Man Reg 555/88 R, r 26(3)Do intermediate Sundays and Thanksgiving disappear from the five days?
No. Under the applicable Interpretation Act counting, intermediate days count. A final holiday or established act-place closure requires separate analysis.
Court of Appeal Rules, Man Reg 555/88 R, r 26(3)Can the respondent’s filing period start before the five days end?
Rule 27(1) runs from actual service of the appellant’s factum, not expiry of the appellant’s maximum service period.
Court of Appeal Rules, Man Reg 555/88 R, r 26(3)Does Rule 26(3) apply unchanged when no transcript is required?
The Rule 28(1)(a) no-transcript branch instead requires filing and service within 45 days after notice filing.
Court of Appeal Rules, Man Reg 555/88 R, r 26(3)Official sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| Court of Appeal Rules, Man Reg 555/88 R, r 26(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 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 |