Jurisdiction assumptions — Critical Dates
This is the full reference of the assumptions behind every legal-deadline Athenty suggests, for all 13 Canadian jurisdictions. The “Calculate legal deadlines” tool on a matter uses these to compute a suggested critical date from a triggering event (e.g. statement of claim served).
How a deadline is counted
Section titled “How a deadline is counted”Unless a jurisdiction’s own rule differs, Athenty counts every period the same way — the common Canadian civil-procedure model:
| Assumption | Default behaviour |
|---|---|
| First / last day | Exclude the day of the triggering event, include the last day (exclude-first / include-last). |
| Saturdays | Treated as closed (a registry-closed, non-counting day). |
| Sundays & holidays | Non-counting; a deadline that lands on one rolls forward to the next open day. |
| Short periods (under 7 days) | Exclude holidays from the count. |
| Holiday set | Each jurisdiction uses its court / Interpretation Act computation “holiday” list — not the employment statutory-holiday list. These differ on purpose (for example, Thanksgiving is a court holiday in Ontario but not in British Columbia). |
“Holidays” throughout this page means the computation definition (the province’s Interpretation Act / Legislation Act / Rules of Court), which is what governs deadline math — not the paid stat-holiday list employees get.
Jurisdiction assumptions
Section titled “Jurisdiction assumptions”Provinces and territories, with the computation holiday set, the defence/response period (by where the originating document was served, where that matters), the appeal period, and the limitation/prescription period.
| Jurisdiction | Computation holidays — notable, intentional differences | Defence / response | Appeal | Limitation |
|---|---|---|---|---|
| Ontario | RCP r. 1.03 — incl. Easter Monday, Thanksgiving, the August Civic Holiday | Defence RCP 18.01 — 20 / 40 / 60 days (Ontario / elsewhere in Canada & US / outside) | RCP 61.04 — 30 days | Limitations Act, 2002 s. 4 — 2 years |
| British Columbia | Interpretation Act s. 29 — incl. Family Day, BC Day, Sept 30; excludes Thanksgiving | Response SCCR 3-3 — 21 / 35 / 49 days (Canada / US / elsewhere) | Court of Appeal — 30 days from pronouncement | Limitation Act (2012) s. 6 — 2 years |
| Alberta | Interpretation Act s. 28 — incl. Easter Monday, Family Day, Thanksgiving; no Heritage Day / Sept 30; Dec 26 → 27 rule | Defence Rules of Court 3.31 — 20 days (AB) / 1 month (Canada) / 2 months (outside) | Court of Appeal — 1 month | Limitations Act s. 3 — 2 years (10-yr ultimate) |
| Saskatchewan | Legislation Act (2019) — incl. Saskatchewan Day, Thanksgiving, Boxing Day; no Easter Monday; Sunday-only shift | King’s Bench — 20 / 30 / 40 days | Court of Appeal — 30 days | Limitations Act (2004) s. 5 — 2 years |
| Manitoba | Interpretation Act s. 23 — incl. Louis Riel Day, Sept 30, Thanksgiving, Boxing Day; no Easter Monday / August Civic | King’s Bench 18.01 — 20 / 40 / 60 days | Court of Appeal — 30 days | Limitations Act (2021) s. 6 — 2 years |
| Nova Scotia | Interpretation Act s. 235 — incl. Heritage Day, Thanksgiving; no Boxing Day / Easter Monday / Natal Day; Sunday-only shift | Civil Procedure Rules — 15 / 30 / 45 days | Court of Appeal — 25 business days | Limitation of Actions Act (2014) s. 8 — 2 years |
| New Brunswick | Interpretation Act s. 1 — incl. Easter Monday, Family Day, New Brunswick Day, Thanksgiving; no Boxing Day; Sunday-only shift | Rules of Court 20.02 — 20 / 40 / 60 days | Rule 62 — 30 days | Limitation of Actions Act (2009) s. 5 — 2 years |
| Prince Edward Island | Court set — incl. Islander Day, Victoria Day, Sept 30, Thanksgiving; no Easter Monday / August / Boxing Day | RCP 18.01 (Ontario-modelled) — 20 / 40 / 60 days | Court of Appeal — 30 days for most civil and family decisions (not universal — verify) | Statute of Limitations s. 7 — category-based (~6 years) |
| Newfoundland & Labrador | Interpretation Act s. 27(1)(l) — incl. Memorial/Canada Day, Thanksgiving, Boxing Day; no Easter Monday / Sept 30 / St Patrick’s / St George’s / Discovery / Orangemen’s; Sunday-only shift | RSC 1986 r. 10.02 / 6.07(5) — 10 (NL) / 30 (Canada) / 45 (US) / 60 (world) days | Court of Appeal Civil Rules 2025 (NLR 44/25) — 30 days from filing | Limitations Act (1995) — category 2 yr / 6 yr, 30-yr ultimate |
| Yukon | Interpretation Act s. 21 — incl. Easter Monday, National Indigenous Peoples Day (Jun 21), Discovery Day (3rd Mon Aug), Sept 30; no October Thanksgiving / Boxing Day; Sunday-only shift, Remembrance Day exempt | Rules of Court r. 21(3) + r. 14(2) — appearance + 14 days = 21 / 35 / 42 / 56 (YT / Canada / US / world) | Court of Appeal Act → BC CoA r. 6(2) — 30 days from pronouncement | Limitation of Actions Act c. 139 — accrual 6 yr basic / 2 yr personal injury |
| Northwest Territories | Interpretation Act (SNWT 2017, c. 19) s. 21 — incl. Easter Monday, National Indigenous Peoples Day, August Civic, Sept 30, Thanksgiving, Boxing Day; full Sat/Sun → Monday roll | Rules of the Supreme Court r. 93 — 25 (NT) / 30 (outside) days, +10 on appearance | Court of Appeal Civil Rules R-091-2018 r. 7 — 30 days from entry + service | Limitation of Actions Act c. L-8 — category 2 yr / 6 yr |
| Nunavut | Legislation Act (S.Nu. 2020, c. 15) s. 1(1) — incl. Easter Monday, Nunavut Day (Jul 9), August Civic, Sept 30, Thanksgiving, Boxing Day; no National Indigenous Peoples Day; Boxing-Day-Sunday → Tuesday | Rules of the Nunavut Court of Justice r. 93 — 25 (NU) / 30 (outside) days, +10 on appearance | Court of Appeal Civil Rules R-014-2018 r. 7 — 30 days from entry + service | Limitation of Actions Act c. L-8 (inherited) — category 2 yr / 6 yr |
| Quebec (civil law — distinct regime) | Non-juridical days — CCP art. 82 + Interpretation Act s. 61(23): incl. Jan 2, Easter Monday, St-Jean (Jun 24), Dec 26; no Dec 24 / Dec 31; no weekend Monday-substitution | Answer to the summons CCP art. 145 — 15 days (uniform; no service-location tiers) | CCP arts. 360, 363 — 30 days, strict (right forfeited on expiry) | Civil Code art. 2925 — prescription, 3 years |
Quebec is a different regime
Section titled “Quebec is a different regime”Quebec is civil law. It does not use the common-law “statement of defence” or “limitation period”:
- a defendant answers the summons within 15 days (CCP art. 145) and the parties then build a case protocol — there is no statement of defence;
- the appeal period is a strict time limit — the right to appeal is forfeited on expiry (CCP art. 363), extendable only where it was factually impossible to act sooner;
- the limitation is prescription under the Civil Code (art. 2925, 3 years), a civil-law doctrine — not common-law discoverability.
Varying the assumptions (toggle settings)
Section titled “Varying the assumptions (toggle settings)”Most of the counting assumptions above are configurable per jurisdiction for your organization. Open Settings ▸ Critical Date Rules, pick a jurisdiction, and adjust any of:
- Saturday closed — whether Saturday counts as a closed day.
- First/last-day counting — exclude-first/include-last, include-both, etc.
- Short-period holiday handling — whether periods under 7 days exclude holidays.
- Roll forward — whether a deadline landing on a holiday/weekend rolls to the next open day.
- Individual holidays — turn a specific holiday on or off for a jurisdiction (e.g. if a court treats a day differently than the default set).
Nothing changes out of the box — the defaults on this page apply until you flip a toggle. Restore Default reverts any jurisdiction to the Athenty defaults at any time. These settings are admin-gated, and the org-wide Defaults page (Settings ▸ Organization ▸ Defaults) shows everything your organization has customised, with a one-click restore.
PEI appeal period
Section titled “PEI appeal period”For most civil and family decisions in PEI the appeal period is 30 days from the order appealed from, subject to extension. Athenty suggests 30 days on that basis.
It is not a universal rule. PEI’s Rules of Civil Procedure are modelled on Ontario’s, but some appeals — and some statutory rights of appeal — run on a different clock, and the period can turn on which court the order came from and what kind of order it is.
Sources & authorities
Section titled “Sources & authorities”Every assumption above traces to a statute or rule of court. These are the authorities behind each jurisdiction’s holiday set, response/defence period, appeal period, and limitation/prescription — linked to the official text or CanLII.
The in-app Settings ▸ Critical Date Rules library shows the same citation on each individual rule, with its version and review-due status.
Ontario is built out beyond the representative rules in the table above — see the full Ontario catalogue below.
Ontario — full rule catalogue
Section titled “Ontario — full rule catalogue”Ontario is maintained at greater depth than the other jurisdictions, because it is the primary jurisdiction for most firms on Athenty. Every rule below is computed with the RCP r. 1.03(1) holiday set and the r. 3.01(1) counting model (exclude the first day, include the last; holidays are not counted where the period is seven days or less; a deadline expiring on a holiday moves to the next day that is not a holiday).
Citations were read from the official e-Laws consolidation of the Rules of Civil Procedure (current to 2026-02-01) — not from secondary sources.
| Deadline | Runs from | Period | Authority |
|---|---|---|---|
| Statement of defence | Service of the statement of claim | 20 / 40 / 60 days (Ontario / elsewhere in Canada or the US / anywhere else) | RCP r. 18.01 |
| Statement of defence, after a notice of intent to defend | Service of the statement of claim | 30 / 50 / 70 days (each bucket + 10) | RCP r. 18.02(2) |
| Serve the statement of claim | Issuance of the claim | 6 months | RCP r. 14.08(1) |
| Reply | Service of the statement of defence | 10 days | RCP r. 25.04(3) |
| Third party claim (as of right) | Delivery of the statement of defence | 10 days | RCP r. 29.02(1) |
| Defence to counterclaim — party already in the action | Service of the defence and counterclaim | 20 days | RCP r. 27.05(1) |
| Defence to counterclaim — new party | Service of the defence and counterclaim | 20 / 40 / 60 days | RCP r. 27.05(3) |
| Reply and defence to counterclaim | Service of the defence and counterclaim | 20 days | RCP r. 25.04(3) |
| Defence to crossclaim | Service of the defence and crossclaim | 20 days | RCP r. 28.05(1) |
| Notice of appeal | Making of the order appealed from | 30 days | RCP r. 61.04(1) |
| Motion for leave to appeal — serve | Making of the order or decision | 15 days | RCP r. 61.03.1(3)(a) (Div. Ct. via r. 62.02(3)) |
| Motion for leave to appeal — file | Service of the notice of motion | 5 days (holidays not counted) | RCP r. 61.03.1(3)(b) |
| Set the action down for trial | Commencement of the action | 5 years — registrar dismisses for delay after this | RCP r. 48.14(1) para. 1 |
| Small Claims Court defence | Service of the claim | 20 days | O. Reg. 258/98 r. 9.01 |
| Basic limitation period — reminder | Discovery of the claim | 2 years | Limitations Act, 2002, s. 4 |
| Ultimate limitation period — reminder | The act or omission | 15 years | Limitations Act, 2002, s. 15(2) |
The two limitation entries are reminders, not computed dates. Discovery under s. 5 is a legal judgment rather than a day-count, and the 15-year backstop is suspended in the circumstances in s. 15(4) (minority, incapacity, wilful concealment) — so neither anniversary is by itself the answer.
Some periods carry exceptions the calculator does not model: a third party claim may also be issued within 10 days after the plaintiff’s reply, or at any time with consent or leave (r. 29.02(1.1)–(1.2)); no defence to crossclaim is needed in the Negligence Act case in r. 28.05(2); and r. 48.14 does not apply to Toronto Commercial List or Class Proceedings Act, 1992 actions (r. 48.14(1.1)). Read the rule, not just the date.
Ontario deadlines Athenty deliberately does not calculate
Section titled “Ontario deadlines Athenty deliberately does not calculate”Two classes of Ontario deadline are left out on purpose, because the calculator would produce a date that is later than the law allows — the dangerous direction. A missing reminder is safe; a wrong one is not.
- “At least N days before” deadlines — notice of motion (RCP r. 37.07(6)), offers to settle (r. 49.10), and expert reports (r. 53.03). These count backwards from a hearing. Athenty’s roll-off-a-holiday step only ever moves a date forward, which on these rules would eat into the minimum notice. Diarize these yourself.
- Statutory notice periods — the 60-day snow-and-ice notice (Occupiers’ Liability Act, s. 6.1(1)) and the 10-day municipal highway notice (Municipal Act, 2001, s. 44(10)). Statutory time runs on the Legislation Act, 2006, s. 88(2) holiday list, which — unlike the RCP list — does not include Saturday or the August Civic Holiday. Computing them on the court list could push a notice date past the statutory bar.
Why the rulesets are maintained, not edited in place
Section titled “Why the rulesets are maintained, not edited in place”Legal-deadline rules are malpractice-sensitive. They are maintained as reviewed changes — each keeps its citation, a version bump, and a second set of eyes — rather than being free-text-edited. Every ruleset stays Attorney review pending until a lawyer signs it off, and every computed date is shown as “Suggested — verify.” If you spot a rule that needs updating, flag it for the team.
See also: Critical Date Rules (the in-app library view of these rules, with citations and review status).