You are often given a time limit for performing certain actions in connection with a proceeding. The time limit, which may be expressed as a number of days or months, may be set:

  • by the court;
  • by the parties; or
  • by law.

Calculation of a time limit in days

A time limit expressed as a number of days is not counted in working days (Monday to Friday), but in calendar days (Sunday to Saturday). It ends at 12 midnight on the last day. However, if the time limit ends on a Saturday or a holiday, it is extended until the next following working day.

In addition, the time limit is calculated from the day following the event that triggers the time limit. The calculation therefore begins on the day after:

  • the commission of the offence;
  • the filing of the application;
  • the rendering of the decision by the court;
  • the service of a summons by the court clerk.

Calculation of a time limit in months

A time limit expressed as a number of months is generally counted in calendar months from the day of the event that triggers the time limit. It ends on the same day of the last month, at 12 midnight. This means, for example, that a time limit of 3 months that begins on July 10 ends at midnight on October 10.

However, in some situations, the time limit ends on the last day of the month concerned, for example if it is scheduled to end on the 31st day of a month that has only 30 days. 

If the time limit ends on a Saturday or holiday, it is extended to the next following working day.

 

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