It may be that Halifax Shipyard v. Canada (1996) 113 F.T.R. 222 applies, although that was a service case, in which service had been effected shortly after 5:00 p.m. In that instance service was within ample time of that mandated before the hearing of the motion, with Mr. Justice MacKay of the view that the service was not technically outside of the Rules. In the present instance the time for filing still had several hours to run.
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