Canada · Manitoba appeal procedures
When must I serve a Manitoba appeal hearing notice?
Serve Form 62B on everyone required to receive the Notice of Appeal within seven days after obtaining the contested hearing date.
- Period
- 7 days after the established event
- Trigger
- Obtaining the actual contested hearing date from the registrar
- Rule
- Court of King's Bench Rules, Man Reg 553/88, r 62.01(10)
Official bilingual King’s Bench Rules accessed October 8, 2026, current September 1 through October 6, 2026, last amendment M.R. 66/2026.
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When must I serve a Manitoba appeal hearing notice?
Serve Form 62B on everyone required to receive the Notice of Appeal within seven days after obtaining the contested hearing date.
Responsible actor. The appellant who obtained a contested hearing date.
Establish obtaining the actual contested hearing date from the registrar.
The seven-day service clock starts when the date is obtained. It does not start when Form 62B is filed or when a party learns of the hearing.
Manitoba Court of King’s Bench appeal to a judge. Established ordinary branch only, with the actual trigger, required act, effective service and no operative varying order. Unsupported final closures and material exceptions require separate review.
Court of King's Bench Rules, Man Reg 553/88, r 62.01(10)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.
King’s Bench Rules 1.03 and 3.01(c) define rule holidays and ordinarily carry an expiring act to the next nonholiday. The definition includes Saturday, Sunday, Easter Monday and Civic Holiday, with stated weekend substitutions. Rule 3.01(d) generally deems non-originating service after 5 p.m. or on a holiday to the next nonholiday. A backward minimum interval must still be preserved; do not assume a later shifted date satisfies it.
Court of King's Bench Rules, Man Reg 553/88, r 62.01(10)What do independently checked examples show?
Fictitious example
Illustrative established event on Thursday, October 1, 2026. Obtaining the actual contested hearing date from the registrar. 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.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Illustrative established event on Thursday, October 1, 2026. Obtaining the actual contested hearing date from the registrar. 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. Independently apply a 7-day forward offset from the established event, excluding that event. The raw threshold is Thursday, October 8, 2026. No final-day adjustment is required for this established ordinary branch. | Thursday, October 8, 2026 |
| Example 2. Closed-day boundary | Illustrative established event on Monday, October 5, 2026. Obtaining the actual contested hearing date from the registrar. 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. Independently apply a 7-day forward offset from the established event, excluding that event. The raw threshold is Monday, October 12, 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. Obtaining the actual contested hearing date from the registrar. 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. The seven-day service clock starts when the date is obtained. It does not start when Form 62B is filed or when a party learns of the hearing. This example keeps the stated ordinary branch established; the separate conditional scenario below is not converted into an invented date. Independently apply a 7-day forward offset from the established event, excluding that event. The raw threshold is Thursday, October 15, 2026. No final-day adjustment is required for this established ordinary branch. | Thursday, October 15, 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 seven-day service clock starts when the date is obtained. It does not start when Form 62B is filed or when a party learns of the hearing.
- Material boundary
- The registrar provides a date October 5 but Form 62B is filed October 8. Service still runs from October 5.
- Actual variation
- King’s Bench Rule 3.02 permits an actual court extension or abridgment, including a motion after expiry, and written consent for serving or filing documents. Establish actual relief; a request does not itself extend time.
- Actual final-day and completion facts
- King’s Bench Rules 1.03 and 3.01(c) define rule holidays and ordinarily carry an expiring act to the next nonholiday. The definition includes Saturday, Sunday, Easter Monday and Civic Holiday, with stated weekend substitutions. Rule 3.01(d) generally deems non-originating service after 5 p.m. or on a holiday to the next nonholiday. A backward minimum interval must still be preserved; do not assume a later shifted date satisfies it.
- Manitoba Court of King’s Bench appeal to a judge. Established ordinary branch only, with the actual trigger, required act, effective service and no operative varying order. Unsupported final closures and material exceptions require separate review.
- The seven-day service clock starts when the date is obtained. It does not start when Form 62B is filed or when a party learns of the hearing.
What must the responsible actor complete?
Questions about this procedure
When must I serve a Manitoba appeal hearing notice?
What starts this appeal hearing notice service deadline?
Obtaining the actual contested hearing date from the registrar. Preserve evidence of that actual event; another procedure’s trigger does not replace it.
Court of King's Bench Rules, Man Reg 553/88, r 62.01(10)What action does this ordinary period require?
Serve Form 62B on everyone required to receive the Notice of Appeal within seven days after obtaining the date.
Court of King's Bench Rules, Man Reg 553/88, r 62.01(10)Does filing Form 62B start its service period?
No. Rule 62.01(10) uses the date the contested hearing date is obtained from the registrar.
Court of King's Bench Rules, Man Reg 553/88, r 62.01(10)Do intermediate holidays count in these seven days?
Yes. Rule 3.01(b) excludes holidays only for periods shorter than seven days. Check final-day and effective-service rules separately.
Court of King’s Bench Rule 3.01 and current practice direction item 7Who receives the Notice of Hearing Date?
All persons required to be served with the Notice of Appeal. This is not limited to people who have already filed a brief.
Court of King's Bench Rules, Man Reg 553/88, r 62.01(10)Can late-evening service complete the last day?
Rule 3.01(d) generally deems service of a non-originating document after 5 p.m., or on a holiday, to the next nonholiday. Confirm the actual document and method.
Court of King’s Bench Rule 3.01 and current practice direction item 7Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Court of King's Bench Rules, Man Reg 553/88, r 62.01(10) | Check the identified procedure, event, counting rule or qualification |
| Court of King’s Bench Rules, M.R. 553/88, Rules 1.03 and 3.01–3.02 | 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 |