Time Limitation for Filing a 'LEAVE TO APPEAL' to THE Court of Appeal OF New Brunswick

Time for Filing 'LEAVE TO APPEAL' to THE Court of Appeal OF New Brunswick 

First of all, a 'Notice of Motion for Leave to Appeal' (Form 62A) shall be served within 7 days from the date of the order or decision sought to be appealed, one (when calculating time) shall not count the first day of the decision; this is pursuant to rule 3.01 (where a number of days is prescribed, it shall be reckoned exclusively of the first day and inclusively of the last day,)

Note: Where a party seeks to appeal from (a) an interlocutory order or decision, (b) an order or decision as to costs only, or (c) an order made with the consent of the parties, leave to appeal must be obtained by MOTION to a judge of the Court of Appeal (hence, filing a Leave to Appeal). I personally always file 'LEAVE TO APPEAL' since I may be confused as to whether to go directly to APPEAL which allows for 30 days, consequentially,  in this case, the seven day limitation for filing 'LEAVE TO APPEAL' would expire..

Reference:

62.03 Leave to Appeal

http://www.gnb.ca/0062/regs/Rule/RULE62.pdf

RULE 37

PROCEDURE ON MOTIONS

http://www.gnb.ca/0062/regs/Rule/RULE37.pdf

PRELIMINARY MATTERS RULE 3 TIME

3.01 Computation

http://www.gnb.ca/0062/regs/Rule/RULE03.pdf

Form:

Notice of Motion for Leave to Appeal (Form 62A)

http://www.gnb.ca/0062/regs/Form/Form-62a-e.pdf