RULE 3 TIME

COMPUTATION

3.01  (1)  In the computation of time under these rules or an order, except where a contrary intention appears,

(a)   where there is a reference to a number of days between two events, they shall be counted by excluding the day on which the first event happens and including the day on which the second event happens, even if they are described as clear days or the words “at least” are used;

(b)   where a period of less than seven days is prescribed, holidays shall not be counted;

(c)   where the time for doing an act under these rules expires on a holiday, the act may be done on the next day that is not a holiday; and

(d)   service of a document, other than an originating process, made after 4 p.m. or at any time on a holiday shall be deemed to have been made on the next day that is not a holiday.  R.R.O. 1990, Reg. 194, r. 3.01 (1).

(2)  Where a time of day is mentioned in these rules or in any document in a proceeding, the time referred to shall be taken as the time observed locally.  R.R.O. 1990, Reg. 194, r. 3.01 (2).

EXTENSION OR ABRIDGMENT

General Powers of Court

3.02  (1)  Subject to subrule (3), the court may by order extend or abridge any time prescribed by these rules or an order, on such terms as are just.  R.R.O. 1990, Reg. 194, r. 3.02 (1).

(2)  A motion for an order extending time may be made before or after the expiration of the time prescribed.  R.R.O. 1990, Reg. 194, r. 3.02 (2).

Times in Appeals

(3)  An order under subrule (1) extending or abridging a time prescribed by these rules and relating to an appeal to an appellate court may be made only by a judge of the appellate court.  R.R.O. 1990, Reg. 194, r. 3.02 (3).

Consent in Writing

(4)  A time prescribed by these rules for serving, filing or delivering a document may be extended or abridged by filing a consent, except as provided in subrule 77.01 (4) (no extension by consent in case management).  O. Reg. 555/96, s. 1; O. Reg. 427/01, s. 2.

WHEN PROCEEDINGS MAY BE HEARD

Hearings Throughout the Year

3.03  (1)  Proceedings may be heard throughout the year, except that from December 24th to the following January 6th no trial of an action shall be held unless the consent of all parties is filed or the court orders otherwise.  O. Reg. 770/92, s. 3; O. Reg. 427/01, s. 3.

In Absence of Opposite Party

(2)  No motion, reference, examination, assessment of costs or other matter, except a motion made without notice, shall proceed before a judge, master or other officer in the absence of the opposite party until fifteen minutes after the time fixed for it.  R.R.O. 1990, Reg. 194, r. 3.03 (2).

RULE 4 COURT DOCUMENTS

FORMAT

Standards — Documents in Writing