When is the deadline for responding pre-trial conference memorandum?
The catalogue records a 30 days period from Service of the requisition for a pre-trial conference. 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
- Service of the requisition for a pre-trial conference
- 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.
- Extendable on motion under r 8; extendable once by consent under r 7 by not more than 15 days.
- This is the operative service deadline for expert affidavits or statements in an ordinary action. Rule 279(b), read on verification in its current form, requires that a r 52.2 expert affidavit or statement be served "in accordance with subsection 258(1), rule 262 or an order made under rule 265" - there is no longer a freestanding 60 or 30 day pre-trial expert service period in an ordinary action. The memorandum must also state any known objection that could disqualify the requisitioning party's proposed expert (r 262(2)). Rules 262 and 279 both confirmed at laws-lois.justice.gc.ca.