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Old 10-26-2016, 10:48 AM
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Question Deadlines for filing documents for a Settlement Conference

I have a Settlement Conference coming up in a few weeks and am looking for information on when my brief has to be filed at the court. I am the Respondant. This takes place in Ontario.

From going through the Family Law Rules, I know:
  • The Applicant has to send me their brief “seven days before the date scheduled for the conference”. These are calendar days.
  • I have “not later than four days before that date” to send the other side my brief. These are business days.
  • I have to confirm my attendance no “later than 2 p.m. two days before the date scheduled for the conference.” Assume business days.
  • It also says that no briefs or documents can be served or filed after 2 pm on this date.

My question is, what is the deadline for filing the brief at the court? Is it 2 days, with the confirmation of attendance? Or is it 4 days, when I server the other side?

I've searched but couldn't find this explicitly stated anywhere.

Thanks!
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Old 10-26-2016, 11:34 AM
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if you are respondent than it is 4 days before sett. day to serve and file. Applicant is 7 days. You can fax a copy and that is same day service. In other words, you would have the applicants offer to settle 3 days before yours is due.

You will confirm your attendance 2 days before, but I have never done that, you just show up on the scheduled date (at least in the courthouse I go to) but you might want to wait to hear what other forum members say.
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Old 10-26-2016, 02:13 PM
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Thanks, Trinton,

But as the Family Law Rules states, "Not later than 2 p.m. two days before the date scheduled for the conference, each party shall file a confirmation (Form 14C)" I think it's better to confirm my attendence. I'm self representing so don't want to give the judge any reason to hate me.
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Old 10-26-2016, 03:36 PM
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Quote:
My question is, what is the deadline for filing the brief at the court? Is it 2 days, with the confirmation of attendance? Or is it 4 days, when I server the other side?

I've searched but couldn't find this explicitly stated anywhere.
If served 4 days before it should be accepted up to the late filing deadline (being 2pm two days before). However, early service should be done to ensure it goes in. I have heard that some jurisdictions treat the service date as the filing date. While that is not correct as per the rules, being right does not help you if the clerk won't accept your documents.

Quote:
You will confirm your attendance 2 days before, but I have never done that, you just show up on the scheduled date
If neither party confirms then the matter is struck. For example, in Ottawa, if parties show up but the confirmation was not faxed in the judge will not have read the material and they will need to get a new date.
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Old 10-26-2016, 03:50 PM
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Thanks! Just what I was looking for.
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