When are holidays not counted in a limitation period?

In New Brunswick, the rules regarding the counting of holidays within limitation periods are specifically designed to ensure fairness and accessibility in legal proceedings. Holidays are not considered when calculating a limitation period that is less than 7 days.

This often means that if a claim must be filed within a short time frame, the intent is to provide individuals the opportunity to prepare and file without the pressure of losing days due to non-business days, which include weekends and public holidays. Thus, in situations where the limitation period is short, it is important to ensure that parties have a fair opportunity to act without being penalized due to the timing of holidays.

In contrast, longer limitation periods, such as those over 7 days, generally do not make allowance for excluding holidays in the same manner, as the additional time suffices to account for delays caused by non-business days.