![]() Example 1Ī document must be filed and served within 30 days from an event that occurred on May 4 th. IMPORTANT: If a federal public holiday (other than Remembrance Day) falls on a Saturday or Sunday, the Court registries are closed the following Monday. ** Only the registry located in the relevant province will be closed - other registries across Canada are open. Service and filing dates may vary depending on the province of residence of the parties. We invite you to contact the registry to inquire as to how your filing deadline could be affected by this holiday. * If Remembrance Day falls on a Saturday or Sunday, a skeleton staff will be on duty the following Monday for filing purposes only at each of the federally-staffed offices, namely, Vancouver, Edmonton, Calgary, Winnipeg, Québec, Montréal, Ottawa, Toronto, Fredericton, Halifax and St. Provincial and territorial public holidays **.Thanksgiving Day (2 nd Monday in October).The Registries of the Federal Court are closed on the following holidays: If the time limit for serving and filing a document falls on a holiday on which the Court is closed or weekend, the document may be served or filed on the following business day.If a deadline is less than 7 days, holidays and weekends are not included in the calculation (see example 2 below).Holidays / WeekendsĪs a general rule, holidays and weekends are included in the calculation of time. Parties cannot consent to an extension of a period fixed by an order of the Court – this can only be accomplished by a further Court order or agree to extend the time for service of an originating document (statement of claim, notice of application). Once a consent to an extension of time is filed, the time for filing is extended by the agreed number of days. For example, if a period within which to file a document is 30 days, the parties may consent to an extension of up to 15 days. The extension cannot exceed one half of the period sought to be extended. Extension by consent (Rule 7)Ĭertain periods provided by the Rules may be extended once by filing the consent in writing of all parties. Note: in this example May 21 st, which is a holiday (Victoria Day), is calculated in the computation of time. Friday May 4 th and Monday June 4 th are highlighted in yellow to show the 30 day period. The months of May (31 days) and June (30 days) are represented side by side in a calendar view. In this example, the period starts on May 31 st and the 10 th day is a Sunday, so the document is due on the next business day. To calculate a 10 day deadline after a specific event, for example the filing of a document, do not include the first day of the period but do include the 10 th day. When a document is to be filed or served within a defined number of days before or after a specified event, do not include the day of the event when calculating the deadline, but do include all other days, including weekends and holidays (please see exceptions). Seasonal recess means the period beginning on December 21 in a year and ending on January 7 in the following year. Summer recess means the months of July and August in each year. Holiday means a Saturday, Sunday or any other day defined as a holiday in subsection 35(1) of the Interpretation Act. Rules 7 and 8 govern extensions by consent and the Court’s discretion to extend or abridge time periods. ![]() ![]() Rule 6(3) addresses the exclusion of the seasonal recess in the computation of time provided by the Rules. Rule 6(2) governs the computation of periods of less than 7 days. Rule 6(1) incorporates the provisions of sections 26 to 30 of the Interpretation Act for computing time. The following provisions of the Federal Courts Rules will assist you in computing the time within which to file and serve your documents. If you need to, you can adjust the column widths to see all the data.Guideline How to calculate the due date for service and filing of your documents For formulas to show results, select them, press F2, and then press Enter. ![]() If days is not an integer, it is truncated.Ĭopy the example data in the following table, and paste it in cell A1 of a new Excel worksheet. If start_date plus days yields an invalid date, WORKDAY returns the #NUM! error value. If any argument is not a valid date, WORKDAY returns the #VALUE! error value. By default, Januis serial number 1, and Januis serial number 39448 because it is 39,448 days after January 1, 1900. Microsoft Excel stores dates as sequential serial numbers so they can be used in calculations. Problems can occur if dates are entered as text. Important: Dates should be entered by using the DATE function, or as results of other formulas or functions. ![]()
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