The procrastinators among us are well acquainted with the
Interpretation Act, R.S.B.C. 1996, c. 238 (the
"Act") s. 25(3), which extends deadlines by
providing that:
If the time for doing an act in a
business office falls or expires on a day when the office is not
open during regular business hours, the time is extended to the
next day that the office is open.
Many lawyers have often taken the extra day or two this
provision allows to finalize a Response to Civil Claim before
filing, or review expert reports before service.
But take note: BC Supreme Court Registries do not use s.
25(3) of the Act when they calculate filing
deadlines. There was a recent instance where
there was a Sunday filing deadline for a trial brief and s. 25(3)
of the Act was relied on to file the brief on Monday.
Surprisingly, the trial brief was rejected. A letter was sent to
the registry explaining the calculation of time, including s. 25(3)
of the Act, but apparently was not persuasive.
