Ottawa Men's Centre Legal Resources
Courts of Justice Act
ONTARIO REGULATION 114/99
Amended to O. Reg. 89/04
RULE 3: TIME
COUNTING DAYS
3. (1) In these rules or an order, the
number of days between two events is counted as follows:
1. The first day is the day after the first event.
2. The last day is the day of the second event. O. Reg.
114/99, r. 3 (1).
COUNTING DAYS — SHORT PERIODS
(2) If a rule or order provides a
period of less than seven days for something to be done, Saturdays, Sundays and
other days when all court offices are closed do not count as part of the
period. O. Reg. 114/99, r. 3 (2).
DAY WHEN COURT OFFICES CLOSED
(3) If the last day of a period of time
under these rules or an order falls on a day when court offices are closed, the
period ends on the next day they are open. O. Reg. 114/99, r. 3 (3).
COUNTING DAYS — EXAMPLES
(4) The following are examples of how
time is counted under these rules:
1. Notice of a motion must be served not
later than four days before the motion date (see subrule 14 (11)).
Saturday and Sunday are not counted, because the notice period is less than
seven days (see subrule (2)). Service on the day set out in the left
column below is in time for the motion to be heard on the day set out in the
right column below.
|
Service on |
Motion may be heard on the following |
|
Monday |
Friday |
|
Tuesday |
Monday |
|
Wednesday |
Tuesday |
|
Thursday |
Wednesday |
|
Friday |
Thursday |
|
Saturday |
Friday |
|
Sunday |
Friday |
2. A respondent who is served with an application in Canada has
30 days to serve an answer (see subrule 10 (1)). A respondent who is
served with an application on October 1 is in time if the answer is served on
or before October 31. A respondent served on November 1 is in time if the
answer is served on or before December 1.
3. If the last day for doing something under these rules or an
order is New Year’s Day, January 1, which is a day when court offices are
closed, the time expires on January 2. If January 2 is a Saturday, Sunday
or other day when court offices are closed, the time expires on January 3.
If January 3 is a day when court offices are closed, the time expires on
January 4. O. Reg. 114/99, r. 3 (4); O. Reg. 544/99, s. 3 (1).
ORDER TO LENGTHEN OR SHORTEN TIME
(5) The court may make an order to lengthen
or shorten any time set out in these rules or an order, except that it may
lengthen a time set out in subrule 33 (1) (timetable for child protection
cases) only if the best interests of the child require it. O. Reg.
114/99, r. 3 (5).
WRITTEN CONSENT TO CHANGE TIME
(6) The parties may, by consent in
writing, change any time set out in these rules, except that they may not
change a time set out in,
(a) clause 14 (11) (c) (confirmation of motion);
(b) subrules 17 (14) and (14.1) (confirmation of conference,
late briefs);
(c) subrule 33 (1) (timetable for child protection cases);
(d) rule 39 (case management in Family Court of Superior Court
of Justice); or
(e) rule 40 (case management in Ontario Court of
Justice). O. Reg. 202/01, s. 2.
LATE DOCUMENTS REFUSED BY COURT OFFICE
(7) The staff at a court office
shall refuse to accept a document that a person asks to file after,
(a) the time specified in
these rules; or
(b) the later time specified
in a consent under subrule (6), a statute that applies to the case, or a court
order. O. Reg. 544/99, s. 3 (2).