WestlawNext Canada insight Blog

Word of the Week - Holidays


British Columbia

Applying the modern approach to statutory interpretation and considering the purpose of a builders lien ... the words “no work has been done in connection with the contract or improvement” in s. 1(5) [of the Builders Lien Act, S.B.C. 1997, c. 45] should be read liberally.

No work was done between November 30, 2005 and January 9, 2006, because of “weather conditions” and “holidays”. I do not agree ... that holidays should be restricted to statutory holidays. Not only is this an unnecessarily restrictive interpretation, it is not what the subsection says. If such an interpretation was the intention of the Legislature, they could have said “statutory holidays” rather than “holidays” ... the language of s. 1(5) assumes there may be causes such as “holidays” that are in excess of 30 days.

... the cessation of work between November 30, 2005 and January 9, 2006, was the result of “weather conditions” and “holidays”, and, as such, falls within the stated exceptions to the 30 day rule ... the “30 days” did not begin until sometime after January 9, 2006 ... any “deemed” abandonment did not occur prior to February 9, 2006. As the lien was filed on March 15, it was filed within the 45 day time period required by s. 20 of the Act.

McManamna v. Farley

2007 CarswellBC 2001,(B.C. S.C.) at para. 85 – 87 

Smart J.

Nova Scotia

[In the joint corollary relief order, the parents] agree to share “holidays”. “Holidays” are not defined in this order ... However, in the absence of an agreement or a definition to the contrary ... Halloween is not a “holiday”.

Holidays generally are those occasions where employees might have the day off or schools are closed beyond the usual weekend. Thanksgiving and Christmas are two obvious examples. Valentine's Day and Halloween are examples of special days that are not holidays unless the [parents] specifically agree to include them.

Howes v. Murphy 

2011 CarswellNS 662 (N.S. S.C.) at para. 19 - 20 

Gass J.


... Christmas Day, a legal holiday did ... count [as a holiday as defined by the Interpretation Act] ...

Holman v. Times Printing Co. 

1902 CarswellOnt 3 (Ont. Master) 

Falconbridge C.J.

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