When is the deadline for response to third party notice - third party served in canada?
The catalogue records a 21 days period from Service of the filed third party notice on the third party. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 21 days
- Trigger
- Service of the filed third party notice on the third party
- 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 extend or shorten under r 22-4(2), including after expiry; extension by consent under r 22-4(3).
- ADDED ON VERIFICATION - the researched catalogue encoded filing and service of the third party notice but not the third party's own response deadline. The period is imported by r 3-5(11), so it is 21 days where the third party was served in Canada, 35 days in the United States and 49 days elsewhere. Rule 3-5(16) allows judgment in default of response once the period has expired. Rule 3-5(10) exempts a third party who is already a defendant and against whom the third party notice claims only Negligence Act contribution or indemnity. Rule 3-5(12) lets a third party who has filed a response to third party notice also file a response to civil claim to the plaintiff's claim, but only within the same period.