Counting the Days, there should be some Rules!
I see that there is a continuous discussion about how to count days. This really isn’t a matter for interpretation or different points of view, or a consensus of opinion. There’s ONLY one RIGHT WAY to count!
There are some basic Rules and here they are:
1. Clear days
Where there is a reference to a number of clear days or “at least” a number of days between two events, in calculating that number of days the days on which the events happen are excluded.
2. Not clear days
Where there is a reference to a number of days, not expressed to be clear days, between two events, in calculating that number of days the day on which the first event happens is excluded and the day on which the second event happens is included.
3. Beginning and ending of prescribed periods
Where a time is expressed to begin or end at, on or with a specified day, or to continue to or until a specified day, the time includes that day.
4. After specified day
Where a time is expressed to begin after or to be from a specified day, the time does not include that day.
5. 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.
You will appreciate that most of the time Rule 2 applies. There’s a starting point plus a number of days. So, “5 days after acceptance”. Apply Rule 2, skip the day of acceptance, that’s day 0, next day is day 1 and so on until day 5. Once you are at day 5, that’s it, you’re done, stop counting.
And, just to be certain, when interpreting the expression “7 banking days after acceptance”, the Ontario Court of Appeal” started its count the day after acceptance. That was day 1. See McDiarmid v. Bearss (1975) 7 O.R. (2d) 370.
Brian Madigan LL.B., Broker