Appeals

Notice of Appeal
Set Aside Application
Stay of Proceedings

You may appeal the judge's decision. The appeal will be heard by the Court of Queen's Bench.

Appeals must be filed in the same judicial district that issued the judgment. Court of Queen's Bench locations in Alberta

The appeal process does not apply if all parties did not attend court when the judgment was issued. Instead of appealing, you can apply to set aside the judgment in the provincial court that issued the judgment.

Notice of Appeal
To appeal the Judgment of the Civil Division of the Provincial Court follow these steps:

Within 30 days after Judgment is given in Provincial Court - Civil

  • Fill out the Notice of Appeal form and file it at the Provincial court office where judgment was entered.
  • Order a transcript of evidence from the Transcript Management Services Office. You must pay for the transcript in advance. You will receive a receipt for payment of the transcript.
  • Serve the Notice of Appeal on all the Respondent. The Notice must be served personally, by registered mail, or as directed by the Court of Queen's Bench.

Within 37 days after Judgment is given in Provincial Court,

  • At the Court of Queen's Bench Civil Document filing area, file a copy of the Notice of Appeal, a copy of the transcript order / invoice showing receipt of payment and the Affidavit of Service proving that the Notice of Appeal has been served on all Respondents.

Within 3 months of the date that the Notice of Appeal is filed in the Court of Queen's Bench,

  • At the Court of Queen's Bench Civil Document filing area; file the transcript of evidence and serve copies on the Respondent(s) and any other person(s) that the Court of Queen's Bench directs. File the Affidavit(s) of Service proving that the transcript has been served on all Respondent(s) and any other person(s) as directed.

Once the transcript has been filed, the clerk's office of the Court of Queen's Bench will send out notice of the hearing date which will be set on the next available date.

Remember to keep the Queen's Bench clerk's office informed of any change of address for you or the respondent because missing information may delay the hearing.

If the Appellant does not file the transcript within 3 months, the Appeal will be dismissed.

Set aside application

The appeal process does not apply if all parties did not attend court when the judgment was issued. Instead of appealing, you can apply to set aside the judgment in the provincial court that issued the judgment.

Stay of Proceedings

When the appeal is filed in the Court of Queen's Bench, it operates as a stay of proceedings. This means that the Civil judgment cannot be enforced until the outcome of the appeal is decided.