Question 1

What counts as a "day" under Rule 3.01 of the Rules of Civil Procedure?

Accepted Answer

Rule 3.01(1)(a) excludes the day the triggering event happens and includes the last day of the period. For periods of fewer than 7 days, Rule 3.01(1)(b) excludes holidays from the count entirely. Under Rule 3.01(1)(c), if the last day of any period lands on a holiday, the deadline rolls forward to the next day that is not a holiday. "Holiday" under Rule 1.03 is broader than the statutory list — it includes every Saturday and Sunday, Easter Monday, Remembrance Day and the Civic Holiday, plus substitute Mondays (and, for Christmas landing on a weekend, a substitute Tuesday) when a fixed-date holiday falls on a weekend.

Question 2

When does the 2-year basic limitation period start under the Limitations Act, 2002?

Accepted Answer

Section 4 of the Limitations Act, 2002 runs the 2-year basic limitation period from the day the claim was discovered, not from the day the underlying act or omission happened. Discoverability is a legal judgment, not a date the calculator can determine on its own — if the discovery date is not yet established, this tool flags the period as "determine manually" rather than guessing at a date.

Question 3

Is there an outer limit even if a claim isn't discovered for years?

Accepted Answer

Yes. Section 15 of the Limitations Act, 2002 sets a 15-year ultimate limitation period running from the date of the act or omission itself, regardless of when — or whether — the claim is discovered. It acts as a backstop to the discovery-based basic limitation period in section 4.

Question 4

What is the Jordan ceiling and does exceeding it automatically end a prosecution?

Accepted Answer

R v Jordan, 2016 SCC 27 sets presumptive ceilings for unreasonable delay under section 11(b) of the Charter: 18 months from charge to the actual or anticipated end of trial for an Ontario Court of Justice trial, and 30 months for a Superior Court of Justice trial — or for a provincial-court trial preceded by a preliminary inquiry. Net delay above the ceiling is presumptively unreasonable, but the presumption is rebuttable: the Crown can still show exceptional circumstances that justify the delay, so exceeding the ceiling does not by itself end a prosecution, and staying under it does not foreclose a stay in a clear case either.

Ontario deadline calculator. Holiday-aware, cited, free.

Result

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