When is the deadline for statement of defence - defendant served in canada or the united states?
The catalogue records a 30 days period from Day on which the statement of claim is served on the defendant. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 30 days
- Trigger
- Day on which the statement of claim is served on the defendant
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
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This route remains in preparation until a pinpoint official source is recorded.
- Extendable on motion under r 8(1) before or after expiry (r 8(2)); extendable once by written consent of all parties under r 7(1), by not more than one half of the period (r 7(2)), so a maximum consent extension of 15 days.
- Quoted verbatim including the stray "of" that appears in the official consolidation as amended by SOR/2021-150, s 5. The period is automatically extended by 10 days if the defendant serves and files a notice of intention to respond in Form 204.1 within 10 days of service (rr 204(2), 204.1), giving 40 days. The rule no longer distinguishes the United States from Canada, unlike the pre-2021 text which gave 40 days for US service - do not carry the old 40-day figure forward. Close of pleadings runs from the expiry of this period if no defence is filed (r 202(a)). Confirmed on verification: the current consolidation of r 204(1)(a) does read "in Canada or the United States" with a 30 day period, and r 202 was read in full.