When is the deadline for service of notice of application - served in ontario?
The catalogue records a 10 days period from The date of the hearing of the application. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 10 days
- Trigger
- The date of the hearing of the application
- 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.
- r 3.02(1) court may extend or abridge. Under r 38.06(2), where a person who ought to have been served was not, the judge may dismiss the application, adjourn and direct service, or direct that the judgment be served on that person.
- Backward, but TEN days exceeds the r 3.01(1)(b) seven-day threshold, so holidays ARE counted for this one. This is a common error source: r 38.06(3) counts holidays while the seven-day filing deadline in r 38.06(4) does not.