Counting Days in Ontario

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Counting the days in Ontario is a question that has come up before. It’s important to get it right, because otherwise the consequences could be disastrous.

There are calendar days, and everyone knows what they are. There’s no clear understanding today (not 30 years ago, but today) about the meaning of a banking day or a business day. So, specify exactly what you mean, either in Schedule A or B.

Business days under REBBA mean any day other than a Saturday, but that definition resulted from accident.

The count starts with today as Day 0, then tomorrow is Day 1 etc. Day 0 is the date of acceptance.

Sometimes, a specific time on the final day will be specified, if it’s not, then 11:59:59 pm on that day applies.

The preferred practice:

1) use calendar days,

2) if you use defined days, then include the definition, and

3) identify a specific time (nobody wants to be up until midnight).

Brian Madigan LL.B., Broker

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