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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 12-07-2016, 10:14 PM
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Default Deadline for filing (date mailed out or delivered?)

Hi all,

does anyone know exact rules for Ontario filing deadlines. I have the following situation, next Tuesday will have 2 motions to be brought in front of the judge from both side,one from applicant, the other from respondent, I am respondent. So, legal advise I got was that my deadline to serve is today, Wed, by 4 p.m. and express post a day before guarantees delivery next day. I used that express service yesterday and they told me at the postal office that it will for sure be delivered today but this did not happen. Tracking number shows tomorrow morning as delivery estimate.

I plan to go to court tomorrow to file all docs, with affidavit of service and slip attached showing I mailed it out on Tuesday. I have no doubt court will accept and file based on mail out date.

However, the lawyer of applicant already tries to organize sabotage saying they did not get documents today as per family law rules and therefore want court to not proceed with my motion this time but only with theirs and they won't be replying to my motion therefore.

So, question is, are their exact rules when it comes to problem with post, if I sent a day before deadline by express, would it be ok , even if it came a bit later than when expected? Or would it be up to a judge to decide whether we were within deadline or not?
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Old 12-08-2016, 07:48 AM
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any input?
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Old 12-09-2016, 08:08 PM
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Read the rules. I think it is only couple days after mail out that it is considered served.

I will give you a little tip. If he has a lawyer then you should serve by fax from UPS or Staples and attach the printout of fax confirmation to your affidavit of service. Fax goes through within a couple of minutes and you instantly get the fax confirmation. They are considered served the second you get the fax confirmation and they can't argue they never got it.

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