When is the deadline for notice of defence - notification within nova scotia?
The catalogue records a 15 working-days period from Day the defendant or third party is notified of the proceeding, where notification is by personal service in Nova Scotia or by other means completed entirely in Nova Scotia. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 15 working-days
- Trigger
- Day the defendant or third party is notified of the proceeding, where notification is by personal service in Nova Scotia or by other means completed entirely in Nova Scotia
- 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 31.12(6): the parties may agree to, or a judge may order, longer or shorter periods than those provided in Rules 31.12(1) and (2). Rule 2.03(1)(c) general discretion to excuse compliance with a Rule, including to shorten or lengthen a period provided in a Rule. Rule 31.12(7): a party may file a notice of defence or demand for notice at any time before default judgment is granted, and thereby ceases to be taken to have admitted the claims. Never compute an extension.
- The deadline is commonly mis-cited to r 4.05. It is not there. Rule 4.05(6) says only that 'a notice of defence may be filed before the deadline in Rule 31 - Notice'; the operative period lives in r 31.12(1). Encode the citation as r 31.12(1)(a). Counting: 15 clear working days under r 94.02(1) - exclude the day of notification, exclude every Saturday, Sunday and Halifax-prothonotary closure day in the period, and exclude the day the defence is filed. This is materially longer in calendar terms than 15 days: roughly 21 to 23 calendar days, and longer again across a holiday cluster. Rule 31.12(3) suspends the clock: 'The time between the day a demand for particulars of a claim is delivered and the day an answer to a demand for particulars is delivered is not counted among the days for filing a notice of defence or demand of notice.' Failure engages r 31.12(4) - the party is taken to have admitted the claims and the claimant may move for default judgment under Rule 8. Corrected on verification: the research draft quoted Rule 4.05(6) as saying only that "a notice of defence may be filed before the deadline in Rule 31 - Notice". The full text in the 19 June 2026 consolidation is "A notice of defence may be filed before the deadline in Rule 31 - Notice or the time permitted by a judge who sets aside a judgment under Rule 8 - Default Judgment". The second limb is the route back in after a default judgment has been set aside. The fifteen-day period in r 31.12(1)(a), the suspension in r 31.12(3) and the consequence in r 31.12(4) are all confirmed verbatim.