Canada · Manitoba appeal procedures
When must I serve a respondent’s factum in the Manitoba Court of Appeal?
Serve a copy on every other party within five days after filing the respondent’s factum under Rule 27(3).
- Period
- 5 days after the established event
- Trigger
- Actual filing of the respondent’s factum
- Rule
- Court of Appeal Rules, Man Reg 555/88 R, r 27(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. The transcript track uses a distinct five-day post-filing service period. The no-transcript track requires filing and service within the same 30 days.
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When must I serve a respondent’s factum in the Manitoba Court of Appeal?
Serve a copy on every other party within five days after filing the respondent’s factum under Rule 27(3).
Responsible actor. The respondent who filed a factum on the transcript track.
Establish actual filing of the respondent’s factum.
The transcript track uses a distinct five-day post-filing service period. The no-transcript track requires filing and service within the same 30 days.
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 27(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 27(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. The transcript track uses a distinct five-day post-filing service period. The no-transcript track requires filing and service within the same 30 days.
The factum is filed before a weekend and Thanksgiving. Intermediate holidays count in the five days; an additional day requires an applicable final-day or actual place-of-act rule. 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
- The transcript track uses a distinct five-day post-filing service period. The no-transcript track requires filing and service within the same 30 days.
- Material boundary
- The factum is filed before a weekend and Thanksgiving. Intermediate holidays count in the five days; an additional day requires an applicable final-day or actual place-of-act rule.
- 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.
- The transcript track uses a distinct five-day post-filing service period. The no-transcript track requires filing and service within the same 30 days.
What must the responsible actor complete?
Questions about this procedure
When must I serve a respondent’s factum in the Manitoba Court of Appeal?
What starts this respondent factum service deadline guide?
Actual filing of the respondent’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 27(3)What action does this source guide require?
Serve a copy on each other party within five days after filing under Rule 27(3).
Court of Appeal Rules, Man Reg 555/88 R, r 27(3)Does service receive five business days?
Rule 27(3) specifies five days. The existing engine’s intermediate holiday exclusion is not supported for this appeal-document service obligation.
Court of Appeal Rules, Man Reg 555/88 R, r 27(3)Must I serve only the appellant?
Rule 27(3) requires serving each other party to the appeal, not only the appellant.
Court of Appeal Rules, Man Reg 555/88 R, r 27(3)Does an open TitanFile channel establish interpartes service?
No. The official electronic-document direction concerns filing copies with the court. Establish the actual permitted and effective service method separately.
Court of Appeal electronic-document direction, January 12, 2026Is there an extra five days in a no-transcript appeal?
Rule 28(1)(b) requires filing and service within the same 30-day period after appellant-factum service. Do not add this separate track’s five days.
Court of Appeal Rules, Man Reg 555/88 R, r 27(3)Official sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| Court of Appeal Rules, Man Reg 555/88 R, r 27(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 |
| Court of Appeal electronic-document direction, January 12, 2026 | Check the identified procedure, event, counting rule or qualification |