When is the deadline for statement of defence, service effected in alberta?
The catalogue records a 20 days period from Date on which service of the statement of claim is effected on the defendant in Alberta. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 20 days
- Trigger
- Date on which service of the statement of claim is effected on the defendant in Alberta
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Rule 13.5(1): unless the Court otherwise orders or a rule otherwise provides, the parties may agree to extend any time period specified in the rules. Rule 13.5(2): the Court may stay, extend or shorten the period, and by r 13.5(3) may do so whether or not the period has expired. Do not compute either.
- The trigger is the date service is effected under the Part 11 service rules, not the date of posting or delivery. The Information note to r 3.31 makes the point expressly and cross-refers to r 11.9(2) as an example. The Information note to r 13.3 works the calculation: service effected 4 January means the defence is due on or before 24 January. Failure engages r 3.36 (noting in default) and rr 3.38 and 3.39 (default judgment).