When is the deadline for response to counterclaim - defendant by way of counterclaim served in canada?
The catalogue records a 21 days period from Service of the filed counterclaim on the person against whom the counterclaim is brought. This draft page remains free only until its source, worked example and limits are reviewed.
In preparation
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Example pending review
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Calculation basis and source
- Period
- 21 days
- Trigger
- Service of the filed counterclaim on the person against whom the counterclaim is brought
- 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 the deadline for FILING a counterclaim (r 3-4(1)) but not the deadline for RESPONDING to one. Rule 3-4(5) states no period of its own; the period comes from r 3-4(6), which applies Rule 3-3 to a response to counterclaim as if it were a response to civil claim. The 21 days shown is therefore the Canada tier under r 3-3(3)(a)(i); it is 35 days if served in the United States (r 3-3(3)(a)(ii)) and 49 days if served anywhere else (r 3-3(3)(a)(iii)). Rule 3-8 is applied in the same way, so default judgment is available on a counterclaim.