Sometimes the Last Day Doesn’t Count for Conditions

Welcome! - 5 out of 4 Patterns

While it may sound to be a rather simple task, “counting” has some rules.

Sometimes, the last day doesn’t count.

Complete this in 5 days                      5 days

You have 5 days to do this                 5 days

Not later than 5 days                          5 days

Within 5 days                                     4 days

There’s a rule associated with counting and it’s set out in the Interpretation Act

           Within a time

 Where anything is to be done within a time after, from, of or before a specified day, the time does not include that day.

So, you have to be aware of the fact, that even though it said 5 days, it means 4 days.

This is very important for many Conditions contained in Agreements. You must be able to interpret the wording correctly.

Brian Madigan LL.B., Broker

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