Where No Provisions
3. (1) Whenever these Rules contain no provision for exercising a right or procedure, the Court, a judge or the Registrar may adopt any procedure that is not inconsistent with these Rules or the Act.
(2) A party may, on motion to a judge or the Registrar, request directions as to the procedure referred to in subrule (1).
4. Whenever these Rules provide that the Court, a judge or the Registrar may make an order or direction, the Court, the judge or the Registrar, as the case may be, may impose any terms and conditions in the order or direction that the Court, the judge or the Registrar considers appropriate.
Computation of Time
(1.1) If the filing and serving are to be done within a specified number of weeks after a specified day or event, the period is calculated by
(a) excluding that day or the day of the event; and
(b) including the last day of the last seven-day period.
(2) A day that is a holiday shall not be included in computing a period of less than six days under these Rules.
(3) The month of July shall not be included in the computation of time under these Rules except for the service and filing of a record, factum or book of authorities under Rules 35 to 37 and a motion for intervention under paragraph 56(b), including any response or reply, and service of a notice of constitutional question under subrule 61(2).
(4) A day that is a holiday and the month of July shall be included in the computation of time under an order of the Court, a judge or the Registrar.
- SOR/2006-203, s. 1;
- SOR/2011-74, s. 2.
5.1 Unless otherwise directed by the Court, a judge or the Registrar, and subject to section 58 of the Act, the period beginning on December 21 in a year and ending on January 7 in the following year shall not be included in a computation of time under these Rules for serving and filing documents, except for the service and filing of a motion to state a constitutional question under subrule 60(1).
- SOR/2006-203, s. 1;
- SOR/2011-74, s. 3.
Extension or Abridgment
6. (1) The Court, a judge or unless these Rules provide otherwise, the Registrar may, on motion or on their own initiative, extend or abridge a period provided for by these Rules.
(2) The affidavit in support of a motion for an extension or abridgement of time shall set out the reason for the delay or urgency, as the case may be.
7. (1) The Chief Justice or, in his or her absence or at his or her request, any other judge may, on motion or on the judge’s own initiative, adjourn the hearing of any proceeding.
(2) The affidavit in support of a motion for an adjournment shall set out the facts or reasons for the adjournment.
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