Understanding Critical BC Family Law Service and Time Rules –
One of the most important factors to thoroughly comprehend when handling a family law case, either as a lawyer or as a self-represented litigant, is service of court documents and the time restrictions enforced by the courts. Failure to properly serve, respond, or comply with court documents could result in default judgment being ordered against you; an order of Costs against you; or zero entitlement to receive any notice of any part of the family law case including, without limitation, any court appearance, hearing, conference or trial! BC Family Law Service And Time is always a key element of any family case.
The majority of court documents served and/or received by litigants in a family law case will involve a time limitation. For example, a party has within 30 days to respond to a Notice of Family Claim, or a report of an expert appointed by a party must be served on the other party at least 84 days before a scheduled trial. But what exactly does “within” and “at least” mean in the context of these time limitations and how do you serve the opposing party?
ADDRESS FOR SERVICE
Supreme Court Family Rule 6-1(1) and (2) defines a party’s address for service:
Party must have address for service
(1)Each party to a family law case must,
(a) if the party is represented by a lawyer in the family law case, have, as the party’s address for service, an accessible address that is the office address of that lawyer, or
(b) if the party is not represented by a lawyer in the family law case,
(i) have, as the party’s address for service, an accessible address within 30 kilometres of the registry, or
(ii) if the party does not have an accessible address within 30 kilometres of the registry, have, as the party’s addresses for service, both
(A) an accessible address, and
(B) a postal address in British Columbia, a fax number or an e-mail address.
Additional addresses for service
(2)A party may have, in addition to the address or addresses for service the party is required to have under subrule (1), one or more of the following as addresses for service:
(a) a postal address;
(b) a fax number;
(c) an e-mail address.
PERSONAL SERVICE VERSUS ORDINARY SERVICE
Before I explain time calculations in family law, one must first understand the difference between personal service and ordinary service – the two styles used by the courts to serve documents on a party in a court action.
- Unless the court otherwise orders, personal service of a document is effected on:
- a) an individual – by leaving a copy with him or her (typically done by process server)
- b) corporation – by leaving a copy with an important person in the corporation or by mailing it by registered mail to the company’s registered office;
- c) an infant- by leaving a copy with the infant’s guardian; and
- d) a mentally incompetent person – by leaving a copy with:
- the committee or with the person with whom he/she lives or who cares for him/her or with a person appointed by the court to be responsible for him/her; and
- the Public Guardian and Trustee.
2. Unless the court otherwise orders, ordinary service of a document is effected by:
- a) leaving the document at the person’s address for service (if the address for service is a law office, by leaving the document at the law firm during business hours);
- b) by mailing the document to the person’s address for service;
- by faxing the document to the fax number for service, if any, including a fax cover sheet;
- or by emailing the document to an email address for service, if any.
TIME CALCULATIONS CHEAT SHEET FOR BC FAMILY LAW SERVICE AND TIME
The following is a mini “lesson” on time calculations in family law. This “cheat sheet” can serve as a helpful tool when representing yourself in a court action:
TIME CALCULATION CHEAT SHEET
COUNTING DAYS
- When calculating time periods of 7 days or more, you must count holidays.
- Holidays = Sundays and statutory holidays – not Saturdays.
- Statutory holidays = New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, BC Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day.
- When calculating time periods of less than 7 days, you don’t count holidays.
WHEN A DOCUMENT IS DEEMED TO HAVE BEEN SERVED
- Personal or ordinary service of documents after 4:00 p.m. will be deemed to be personally or ordinarily served the next day that is not a Saturday or holiday (or the next day that the business is open).
COUNTING CLEAR DAYS AND REGULAR DAYS
- When counting clear days, which can also be stated as “at least” or “not less than”, you do not count either the first or last day.
- For example, this is what 3 clear days from Wednesday, April 16 would look like:
- Hint: It helps to place circles on the calendar as you are counting to make sure you count correctly.
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
| 13 | 14 | 15 | 16 | 17 O | 18Good Friday | 19 O |
| 20 Sunday | 21 Easter Monday | 22 O | 23 The answer-where you should “land”. | 24 | 25 | 26 |
- When counting regular days, which can also be stated as “ordinary” days or “within” (not stated as clear days), you do not count the first day but you do count the last.
- For example, if you are served with a document on Monday, April 14 at 11:00 a.m. and must respond within 5 days, it would look like this:
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
| 13 | 14 Served today at 11:00 a.m. – don’t count this day. | 15 O | 16 O | 17 O | 18 Good Friday Don’t count holidays as you must respond in less than 7 days. | 19 O |
| 20 Sunday | 21 Easter Monday | 22 The answer – you must respond by 4:00 p.m. today. O | 23 | 24 | 25 | 26 |
COUNTING CLEAR MONTHS AND REGULAR MONTHS
- To calculate a certain number of clear months, calculate from a specific day in one month to the numerically corresponding day in the appropriate month plus one day. If the time period expires on the 29, 30, or 31 day of a month where there is no such date in that month, the time period expires on the last day of that month.
- For example, four clear months from March 12 is July 13.
- To calculate a certain number of regular months (not stated as clear months), calculate from a specific day in one month to the numerically corresponding day in the appropriate month. If the time period expires on the 29, 30, or 31 day of a month where there is no such date in that month, the time period expires on the last day of that month.
- For example, four regular months from March 12 is July 12.
STATUTORY HOLIDAYS “IN LIEU”
- Remember that if a statutory holiday falls on a weekend, businesses will be closed on the following Monday in lieu of the statutory holiday.
- For example, if Christmas and Boxing Day fall on a weekend and a deadline to do something was supposed to “land” on Monday the 27 or Tuesday the 28 (counting forwards), you would have to move the deadline forward to Wednesday the 29 as businesses would be closed on Monday and Tuesday in lieu of Christmas and Boxing Day.
- Similarly, if you were trying to calculate the deadline to give notice of something happening in the future and the deadline was supposed to “land” on Monday the 27 or Tuesday the 28 (counting backwards), you would have to move the notice deadline back to Friday, December 24.
SERVICE OF A DOCUMENT VIA MAIL
- If a document is served on a party via mail, service is effective on the same day in the following calendar week – if that day is a Saturday or holiday, then the next day that is not a Saturday or holiday.
SERVICE OF A DOCUMENT VIA FAX OR EMAIL
- Service via fax or email is effective on the same day if faxed or emailed before 4:00 p.m., or on the next day that is not a Saturday or statutory holiday if faxed or emailed after 4:00 p.m.
- If a fax is 30 pages or more (including the cover page), without prior agreement, it can be faxed only between 5:00 p.m. and 8:00 a.m.
LIMITATION ACT – TWO-YEAR LIMITATION PERIOD
- When calculating a two year limitation period, you need to subtract a day.
- For example, the limitation date for an event that occurred on January 8, 2013, is January 7, 2015.
* Please be sure to routinely check the Practice Directions or Administrative Notices thatcome down from the courts as they may complement or revise the procedures outlined above.
As a self-represented litigant, it is crucial that you educate yourself in the rules of the court. It will not only save you time and money, but also shows the court your respect for its procedures and allows you to concentrate on the important aspects of your family law case.
BC family law service and time rules are tricky and a failure to follow them strictly can lead to disaster. Meet with our experienced family law lawyers today at any of our four offices across BC.
