Chat with us, powered by LiveChat

Family Law Rules – Rule 3: Time

Angela Princewill

October 9, 2015

COUNTING DAYS

  1. (1) In these rules or an order, the number of days between two events is counted as follows:
  2. The first day is the day after the first event.
  3. 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
  1. 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.
  2. 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);

(e) rule 40 (case management in Ontario Court of Justice); or

(f) rule 41 (case management in the Superior Court of Justice (other than the Family Court of the Superior Court of Justice)).  O. Reg. 202/01, s. 2; O. Reg. 76/06, s. 3.

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).


Share With