When is the deadline for serve and file notice of motion and supporting affidavit?
The catalogue records a 3 days period from Day set out in the notice for the hearing of the motion. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 3 days
- Trigger
- Day set out in the notice for the hearing of the motion
- 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 362(2): the Court may hear the motion on less than three days' notice (a) where the motion is made on notice, if all parties consent; or (b) in any case, if the moving party satisfies the Court of the urgency of the motion. Also abridgeable under r 8.
- Counts backward. Two computation rules stack: "at least" makes these clear days under Interpretation Act s 27(1), excluding both the day of service and the hearing day; and because three days is less than seven, r 6(2) excludes holidays, Saturdays and Sundays from the count entirely. Three days therefore means three clear working days. Rule 362 does not apply to motions brought in the Federal Court of Appeal: r 369.1 provides that "Rule 362, subsection 364(3) and rules 366 to 369 do not apply to a motion that is brought in the Federal Court of Appeal", where r 369.2 governs instead. Ex parte motions are exempt from the service requirement (r 361). Corrected on verification: the researched entry quoted the rule as opening "Subject to subsection (2),", words that are not in the current consolidation of r 362(1) as amended by SOR/2013-18, s 11, and paraphrased r 362(2) inaccurately; both have been replaced with the text read at laws-lois.justice.gc.ca. The three day period, the clear-days treatment and the r 6(2) overlay are unaffected.