Check your service date and location first
Under Rule 17-1(4), the ordinary periods for serving response documents are 21 days if the petition was served anywhere in Canada, 35 days if served in the United States, and 49 days if served elsewhere, unless the court orders otherwise. These are day periods in the petition rule, not the five-business-day Rule 10-6 application-response period.
Possible additional time when responding in the other official language
In a Divorce Act proceeding, a separate rule may apply if you were served with a filed document in English or French, intend to file and serve a response document in the other official language, and need additional time to prepare it. Under Rule 20-7(8), you may file Form F86.2 (Notice of Extension — Official Languages). On filing the Form F86.2 requisition, the relevant period under the Supreme Court Family Rules for filing and serving the response is extended by 10 days (or 10 business days if the original period is expressed in business days), unless the court orders otherwise. A language preference alone does not extend the deadline; the conditions and filing requirement must be met. See the French/bilingual proceedings guide for related information.
Record the actual date of service, place of service and any order changing time. Calculate the deadline under the relevant time-computation rules, including any adjustments for a non-business final day. If a deadline is near or has passed, obtain individual advice promptly rather than relying on this general guide.
How to organize the F74 answers
Rule 17-1(5) requires the response to address each requested order: consent, oppose or no position. When opposing relief, briefly explain the factual and legal basis, list affidavits or documents to be relied on, and give your estimate for the hearing length.
A useful working table has one row for each numbered order in F73 and columns for your position, the key fact and the evidence proving it. Transfer the substance into the official form. Avoid a single general denial that leaves the court guessing which orders you dispute.
File, serve and include affidavits
- Read the complete petition and any supporting affidavits—not only the first page.
- Complete current Form F74 in the same registry and identify the correct court file number.
- Prepare and file any affidavits you intend to rely on and that have not already been filed.
- File the response and accompanying evidence as required by Rule 17-1(4).
- Unless the court orders otherwise, serve two copies on the petitioner and one copy on every other party within the relevant period.
- Keep service records and copies of all delivered documents.
Expert evidence and responding affidavits have additional restrictions and timelines. Review Rule 17-1(6)–(7) rather than adding material indefinitely.
What happens after you respond?
The petitioner may serve replying affidavits under the rule. When a response has been filed and served, the petitioner usually files Form F75 and serves the filed hearing notice on each petition respondent at least seven days before the hearing, under Rule 17-1(8)(b). The petitioner also prepares the petition record. See the petition-record checklist.
Avoid five common response problems
- Confusing a petition with a regular notice of application.
- Applying the wrong time period because you looked only at where the court is located.
- Failing to answer each requested order separately.
- Filing an F74 but not serving the required copies.
- Adding extra affidavits later without consent or court permission when the rule restricts them.
This guide addresses Rule 17-1 petitions, not responses to Form F3 family claims. For those, start with Form F4.
Related guides
Important: This page is general legal information, not legal advice. Court rules, practice directions, fees and forms can change. Court orders, exceptions and the circumstances of your own case can change the procedure.