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Old 11-12-2015, 06:36 PM
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kidsRworthit is an unknown quantity at this point
Default no answer after service of motion - next action

Background: high conflict separation with parallels to LF32's story.
I've filed a motion (children's counselling - 2nd time, contempt - multiple non-compliance of Orders, parenting time..)

OP has not filed answer (47 days from date of service). OP and myself are self-repping. I understand the Family Law Rules (below) provides 30 days for answer to motion. Seems consequences set out in paragraphs 1 - 4 apply, pursuant to subrule 1 (8.4), with necessary changes?

Question: anyone care to share experience or insight on what my next step should be and what form to file?

Appreciated!
_________________________________________

FAMILY LAW RULES - ONTARIO

RULE 10: ANSWERING A CASE

SERVING AND FILING ANSWER

10. (1) A person against whom an application is made shall serve an answer (Form 10, 33B, 33B.1 or 33B.2) on every other party and file it within 30 days after being served with the application. O. Reg. 114/99, r. 10 (1); O. Reg. 91/03, s. 2; O. Reg. 519/06, s. 4.

NO ANSWER

(5) The consequences set out in paragraphs 1 to 4 of subrule 1 (8.4) apply, with necessary changes, if a respondent does not serve and file an answer. O. Reg. 322/13, s. 6; O. Reg. 142/14, s. 5.

RULE 1: GENERAL

CONSEQUENCES OF STRIKING OUT CERTAIN DOCUMENTS

(8.4) If an order is made striking out a party’s application, answer, motion to change or response to motion to change in a case, the following consequences apply unless a court orders otherwise:
1. The party is not entitled to any further notice of steps in the case, except as provided by subrule 25 (13) (service of order).
2. The party is not entitled to participate in the case in any way.
3. The court may deal with the case in the party’s absence.
4. A date may be set for an uncontested trial of the case. O. Reg. 322/13, s. 1.
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Old 11-14-2015, 12:43 AM
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Have you checked The Continuing Record at the court house? Make sure it was not filed and he has just not sent you a copy.
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Old 11-14-2015, 06:30 PM
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kidsRworthit is an unknown quantity at this point
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Quote:
Originally Posted by Beachnana View Post
Have you checked The Continuing Record at the court house? Make sure it was not filed and he has just not sent you a copy.
Thanks Beachnana. Checked the Continuing Record at the court house. Nothing on file.
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Old 11-16-2015, 05:01 PM
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OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

Quote:
I've filed a motion
Is it a motion to change a final Order or Agreement - in other words, starting a new case? If yes, she has 30 days (just with an Application).

Quote:
RULE 10: ANSWERING A CASE
This pertains to pleadings.

The relevant rule is Rule 14. In it, you will find:
MOTION WITH NOTICE

(11) A party making a motion with notice shall,

(a) serve the documents mentioned in subrule (9) or (10) on all other parties, not later than four days before the motion date;

(b) file the documents as soon as possible after service, but not later than two days before the motion date; and

(c) file a confirmation (Form 14C) not later than 2 p.m. two days before the motion date. O. Reg. 114/99, r. 14 (11); O. Reg. 202/01, s. 4 (2).

NO LATE DOCUMENTS

(11.1) No documents for use on the motion may be served or filed after 2 p.m. two days before the motion date. O. Reg. 202/01. s. 4 (3).

And,
RESTRICTIONS ON EVIDENCE

(20) The following restrictions apply to evidence for use on a motion, unless the court orders otherwise:

1. The party making the motion shall serve all the evidence in support of the motion with the notice of motion.

2. The party responding to the motion shall then serve all the evidence in response.

3. The party making the motion may then serve evidence replying to any new matters raised by the evidence served by the party responding to the motion.

4. No other evidence may be used.

Citation: CanLII - Family Law Rules, O Reg 114/99

Thus, while there are timelines on the moving party, the Responding party effectively has until two days before the motion to serve and file their response.

Doing so would likely be grounds to seek an adjournment (to reply to the response).

If a party does not respond to a motion, then they are either making submissions without evidence or allowing the motion to proceed without opposition.
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Old 11-18-2015, 11:46 PM
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kidsRworthit is an unknown quantity at this point
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Quote:
Originally Posted by OrleansLawyer View Post
Is it a motion to change a final Order or Agreement - in other words, starting a new case? If yes, she has 30 days (just with an Application).



This pertains to pleadings.

The relevant rule is Rule 14. In it, you will find:
MOTION WITH NOTICE

(11) A party making a motion with notice shall,

(a) serve the documents mentioned in subrule (9) or (10) on all other parties, not later than four days before the motion date;

(b) file the documents as soon as possible after service, but not later than two days before the motion date; and

(c) file a confirmation (Form 14C) not later than 2 p.m. two days before the motion date. O. Reg. 114/99, r. 14 (11); O. Reg. 202/01, s. 4 (2).

NO LATE DOCUMENTS

(11.1) No documents for use on the motion may be served or filed after 2 p.m. two days before the motion date. O. Reg. 202/01. s. 4 (3).

And,
RESTRICTIONS ON EVIDENCE

(20) The following restrictions apply to evidence for use on a motion, unless the court orders otherwise:

1. The party making the motion shall serve all the evidence in support of the motion with the notice of motion.

2. The party responding to the motion shall then serve all the evidence in response.

3. The party making the motion may then serve evidence replying to any new matters raised by the evidence served by the party responding to the motion.

4. No other evidence may be used.

Citation: CanLII - Family Law Rules, O Reg 114/99

Thus, while there are timelines on the moving party, the Responding party effectively has until two days before the motion to serve and file their response.

Doing so would likely be grounds to seek an adjournment (to reply to the response).

If a party does not respond to a motion, then they are either making submissions without evidence or allowing the motion to proceed without opposition.
Thank you for the detailed yet practical response Orleans Lawyer!
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