When is the deadline for notice to parties of deposit of security for costs?
The catalogue records a 7 days period from Deposit of the $500 security or, where the security is other than money, the later of deposit and approval under s 60(2). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 7 days
- Trigger
- Deposit of the $500 security or, where the security is other than money, the later of deposit and approval under s 60(2)
- 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.
- No express extension power in s 60. Section 59 extends only "a time period prescribed by section 58". A party may seek relief under r 8 (dispensing with compliance) from the Court, a judge or the Registrar.
- Period is 7 days, which is not "less than six days", so holidays and weekends are counted (r 5(2) does not apply). Security is not required at all in the cases listed in s 64 (Crown, election cases, Federal Court of Appeal and Federal Court, criminal cases, habeas corpus); r 88 allows a motion for exemption where net assets excluding the family home and the subject matter do not exceed $5,000. Corrected on verification: the original note reasoned that r 5(2) does not apply because seven days is not "less than six days". That reasoning is unsound and would generalise wrongly to shorter Act periods. Rule 5(2) is confined to "a period of less than six days UNDER THESE RULES", and s 60(3) is a period under the Act, so the short-period holiday exclusion could never apply to it whatever its length. For the same reason neither the r 5(3) July suspension nor the r 5.1 recess touches it, and s 58(2) suspends July only for the s 58(1) periods, so July and 23 December to 3 January are counted in full here. Source: Rules of the Supreme Court of Canada, SOR/2002-156, rr 5(2), 5(3), 5.1; Supreme Court Act, RSC 1985, c S-26, ss 58(2), 60(3).