Practice Direction No. 17
Automatic Extension of Time by Consent—Response to a Declaration of Claim
Effective Date: January 14, 2025
This Practice Direction augments Rule 42 of the Specific Claims Tribunal Rules of Practice and Procedure, SOR/2011-119. Rule 42 sets out the deadline for, and the information required in, a Response to a Declaration of Claim. It reads, in part:
Content
42 Within 30 days after the day on which the Crown is served with the declaration of claim, the Crown must file a response that sets out the following information…- This deadline may be automatically extended once by up to 60 calendar days with the written consent of the claimant(s). This results in a total of 90 calendar days for the respondent to file its Response to the Declaration of Claim. A letter signed by the claimant(s) and respondent, which includes the length of the agreed-upon extension, must be submitted electronically using the Tribunal's E-Filing application.
- Any further extensions that the respondent wishes to obtain require leave of the Tribunal. Instructions for applying for leave can be found in Practice Direction No. 7.
Honourable Victoria Chiappetta, Chairperson
Specific Claims Tribunal