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When is the deadline for additional time from delivering a notice of intent to defend?

The catalogue records a 10 days period from Delivery of a notice of intent to defend (Form 18B) within the time prescribed by r 18.01 for delivery of the statement of defence. 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
Delivery of a notice of intent to defend (Form 18B) within the time prescribed by r 18.01 for delivery of the statement of defence
Counting
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Rollovers and holidays
Holiday, closure and order treatment must be independently documented before publication.

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  • r 3.02(1) court may extend or abridge; r 3.02(4) extension by filed consent.
  • By r 18.02(3) the same mechanism applies with necessary modifications to a defendant to a counterclaim who is not already a party, and to a third party served with a third party claim. In Ontario the notice of intent to defend, not an 'appearance', is the defendant's holding step in an action; a notice of appearance (Form 38A) belongs to applications under r 38.07.

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