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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 09-10-2015, 01:06 PM
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Default Questions about Upcoming Case Conference

Hi everyone, a while back I had been asking about adjourning a case conference - well the trial coordinator was very helpful and my partner got the adjournment to September 18th. He has sworn his financial statement and has just been holding off on finalizing and serving his brief in order to see hers. Her deadline is tomorrow and so far he has received nothing.

If the conference is on Friday that means he needs to serve and file by Monday correct? He was going to send it by courier tomorrow evening and then head down to the courthouse Monday to file everything and his Affidavit of Service but we had a question about whether that is sufficient. Purolator said if the package is picked up after 3pm it won't be delivered until Tuesday. The Rules say service by courier is effective the day after the courier picks the package up so if it is picked up Friday (does the time of day matter?) but not delivered until Tuesday would he be meeting his deadline? He works from 5am to 3pm tomorrow so he won't be at Purolator by the 3pm deadline.

If he receives nothing from her should he assume the conference is still going forward and go to court next week?

Thank you!
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Old 09-11-2015, 03:20 PM
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Quote:
If the conference is on Friday that means he needs to serve and file by Monday correct?
If he is the "responding" party; party that set the conference needs to serve and file seven days before.

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The Rules say service by courier is effective the day after the courier picks the package
Then that is when service is effective. Nonetheless, why wait so long? It is a conference; get your documents over. Playing games does not help.

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If he receives nothing from her should he assume the conference is still going forward and go to court next week?
Yes, so long as he files his brief and a confirmation two days before.
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Old 09-14-2015, 07:42 PM
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Thank you for the reply. She requested the case conference he did not. The papers were sent and today he went and filed them with the court who advised that they had not received anything from her but that the conference was still going ahead Friday. At 5:20pm the ex emailed him giving him two dates at the end of October and asked what date he wanted and she copied the trial coordinator. No reason for why she wants the adjournment, no request just a which date works better. Is he obligated to give her the adjournment? She is withholding access until a judge tells her she has to send him - her words - so my partner wanted that addressed on Friday. Can he request that the conference go ahead on that issue but be adjourned on the rest?
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Old 09-14-2015, 07:47 PM
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I'd show up on Friday (indicate this to her?). Let presiding judge decide what to do.

Nothing keeping her from playing this game indefinitely unless you put a stop to it now. Withholding access is serious.
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Old 09-15-2015, 02:24 PM
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Hopefully someone can provide me an answer to this question today. The trial coordinator emailed my partner and said that since the ex had requested the adjournment early but she was on vacation, the judge had granted the adjournment. Is the ex not required to contact my partner to ask for the adjournment before contacting the court? Does he have any recourse or is he stuck?
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Old 09-15-2015, 02:32 PM
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If trial coordinator says judge adjourned it then it is adjourned.

Nothing more you can do about it.
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