How Ontario court deadlines are counted
Rule 3.01 of the Rules of Civil Procedure sets the counting method:
- Exclude the day of the first event and include the last day, even where the rule says "clear days" or "at least".
- For periods under 7 days, holidays are not counted.
- If a deadline falls on a holiday, it moves to the next day that is not a holiday.
- Service after 4 p.m., or on a holiday, counts as made on the next day that is not a holiday.
Weekends count as holidays under Rule 1.03, along with the statutory holidays. Service by mail takes effect on the fifth day after mailing, and service by courier on the second day after the courier receives it.
Frequently asked questions
Is a Saturday a holiday under the Rules of Civil Procedure?
Yes. Rule 1.03 defines holiday to include every Saturday and Sunday, plus statutory holidays.
When is service by mail effective?
On the fifth day after the document is mailed.
How long do I have to file a statement of defence in Ontario?
20 days after service in Ontario, 40 days if served elsewhere in Canada or the US, and 60 days if served outside Canada and the US. Delivering a notice of intent to defend adds 10 days.