Acts and Regulations

Rule-3 - TIME

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Full text
Current to 1 January 2024
PRELIMINARY MATTERS
RULE 3
TIME
3.01Computation
Except where a contrary intention appears, in the computation of time under these rules or under an order or judgment of the court
(a) where a number of days is prescribed, it shall be reckoned exclusively of the first day and inclusively of the last day,
(b) where a period of less than 7 days is prescribed, holidays shall not be counted,
(c) where the time for doing an act or taking a step in a proceeding expires on a holiday, the act or step may be done or taken on the next day that is not a holiday,
(d) service of a document, other than an originating process, made after 4 o’clock in the afternoon or on a holiday shall be deemed to have been made on the next day that is not a holiday.
3.02Extension or Abridgment
(1)Subject to paragraphs (3) and (4), the court may, on such terms as may be just, extend or abridge the time prescribed by an order or judgment or by these rules.
(2)A motion for extension of time may be made either before or after the expiration of the time prescribed.
(3)Where the time prescribed by these rules relates to an appeal, only a judge of the Court of Appeal may make an order under paragraph (1).
(4)Any time prescribed by these rules for serving, filing or delivering a document may be extended or abridged by consent.
3.03Court Office Hours
The offices of the court shall be open for business from 8:30 a.m. to 4:30 p.m. on every day of the year except holidays and any other days observed as holidays within the public service of the Province; but the officer in charge of an office may, at any hour and on any day including a holiday or any other day observed as a holiday within the public service of the Province, permit the commencement or processing of a proceeding where a limitation period may expire or where the relief sought is required urgently.
92-107; 2023-8