Understanding How Time Works in Family Law Rules Rule 3

In Family Law the message is loud and clear: punctuality is essential.

Time is an illusion, right? In everyday life, sure. But in family law, time is meticulously defined. And mastering how time works in Family Law Rules Rule 3 can make the difference between successful filings and rejected documents. Let’s walk through it.

Counting Days: The First Step

The very first thing you must know is how to properly count. Rule 3 (1) explains it in two clear steps:

1. You begin counting on the day after the first event.

2. You end counting on the day of the second event

That’s literal; no day skipping unless specified. The rules even provide examples illustrating this exactly.

Short Periods: Skipping Weekends & Holidays

Generally, the above approach applies. But there's an important exception: for deadlines shorter than seven days, you do not count Saturdays, Sundays, or court holidays when all court offices are closed.

So if your deadline is, say, four days, and it includes a weekend or a statutory holiday (e.g., Canada Day), those days are skipped.

If the Last Day Falls on a Closure

Rule 3 also states: if the last day of your period falls on a day court offices are closed, then the deadline shifts to the next day they reopen. That means: no matter what, your documents are due the next business day.

Extensions by Court Order or Consent

While rare, a judge may shorten or lengthen timelines under Rule 3 or in a specific order. More commonly, the parties may agree in writing to adjust deadlines. Except for nine specific clauses, this is typically allowed if both parties sign off.

What If You’re Late?

It seems obvious, but late documents are not accepted. Staff at the court office must refuse any filings received after the set deadline.

So the message is loud and clear: punctuality is essential.

Punchline for Family Law Rules Rule 3 Timing Is Everything

So that is Rule 3. The biggest takeaway is simple: be precise with your timing.

• Count correctly: first day after the event, to the day of the deadline.

• Exclude weekends/holidays for periods under seven days.

• Adjust when court offices are closed.

• File early whenever possible; it’s the best safeguard.

  
  

Next Steps

Need help applying these rules to your case? Consider booking a consultation with Alliston Resolutions.