When is the deadline for service of notice of application and supporting materials?
The catalogue records a 8 working-days period from The date set for the hearing of the application. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 8 working-days
- Trigger
- The date set for the hearing of the application
- 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.
- Court may abridge under r 22-4(2), including after expiry. Where the matter is urgent, the applicant may apply under Rule 8-5 for an order that the main application be brought on short notice; that short notice application is made by requisition in Form 17.1, without notice and in a summary way (r 8-5(2)), and r 8-5(3) expressly disapplies the ordinary time limits and notice requirements to the short notice application itself. Never compute short leave.
- BACKWARD and measured in BUSINESS DAYS. 'business day' is defined in r 1-1 as "a day on which the court registries are open for business", so Saturdays, Sundays, holidays and registry closure days are all excluded from the count itself. Because the period is already expressed in business days, the r 22-4(1) holiday exclusion adds nothing. 'At least' still engages Interpretation Act s 25.2(3)(b), so treat as clear business days. Corrected on verification: the encoded discretion field carried an unresolved placeholder citation ("r 8-1(? short leave provision)") and asserted that short leave is obtained by a requisition served at least 2 business days before the hearing. No such provision exists. Rule 8-1 contains no short leave subrule; short notice is governed by Rule 8-5, which prescribes a requisition in Form 17.1 made without notice and fixes no minimum period at all (SCCR rr 8-1 and 8-5, BC Laws consolidation). The 8 business day service period in r 8-1(8)(a) is confirmed.