When is the deadline for statement of claim following a notice of action?
The catalogue records a 30 days period from Day the Notice of Action is issued. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
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In preparation
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Example pending review
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Calculation basis and source
- Period
- 30 days
- Trigger
- Day the Notice of Action is issued
- 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.
- The words 'unless ordered otherwise' in Rule 16.03(2) permit a different time to be ordered; Rule 3.02(1), (2) and (4) also apply.
- The Notice of Action is the New Brunswick device for stopping a limitation period where there is no time to draft a full pleading: by Limitation of Actions Act, SNB 2009, c L-8.5, s 1(2)(a) a claim is brought when a proceeding in respect of it is commenced. Rule 16.03(3): the Notice of Action and Statement of Claim must then be served together within the Rule 16.08(2) six months.