When is the deadline for motion to set aside an order obtained without notice or an order of a registrar?
The catalogue records a 3 days period from The order coming to the person's attention. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 3 days
- Trigger
- The order coming to the person's attention
- 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.
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- r 37.14(2): on a motion under subrule (1) the court may set aside or vary the order on such terms as are just. r 3.02(1) also applies.
- Three days is seven or fewer, so holidays are NOT counted. By r 37.14(3) a motion to set aside a registrar's order may be made to a judge or associate judge; by r 37.14(4) a motion respecting a judge's order is made to the judge who made it or as otherwise provided.