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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 07-13-2015, 02:51 PM
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Hi everyone, I have a question regarding service of a reply. My partner went to file his reply to a motion to change (with a form 14 Affidavit that had exhibits, Form 35.1, financial statement, NOA's, etc) and his confirmation that he attended the MIP (their original proceedings started pre-MIP) and they asked if he had served the other party prior to filing. This was something he had asked when he had been in a FLIC appointment because the rule says serve and file not file and serve - and they told him file and then serve.

He stepped outside and called the office in Toronto where he had met with the FLIC person, its a different person today but she said file then serve. He went back inside and the clerk said no you have to serve first. Its a very small courthouse and the woman did not seem 100% sure of what she was telling him. He had driven almost 2 hours each way to get to the courthouse and then left only having filed the MIP document because he was worried it was wrong. Thankfully it was done early but can anyone please clarify if it is file then serve or serve then file for the reply?

Thank you!
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Old 07-13-2015, 03:16 PM
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First get all the paperwork sworn to by the clerk at the court house. SERVE the other party and then FILE at the court house. You must swear to your service as well - a 6B Form and then the confirmation that you will attend -form 14C
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Old 07-13-2015, 03:30 PM
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Hi Reality - thank you. The paperwork is already sworn and nothing has been scheduled yet so we serve, then file and then wait I guess. I wonder why FLIC keeps saying file then serve? The conflicting information can be so confusing!
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Old 07-16-2015, 09:24 AM
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I am not sure what area you are in but in order to be served a Motion to Change there should have been 2 dates provided to you in that package. First to attend the MIP on "X" date.

The second paper is a date at court house as a first appearance (where they check if everyone has filed the appropriate paperwork - no judge here) It is this date that you use to make sure you serve and file in the appropriate timelines.

If everyone has served and filed the paperwork on time you can request to skip the first appearance and schedule the first case conference with the trial coordinator. All parties must agree in writing for both of these and file the agreement to skip the first appearance. Then do the same when scheduling the conference.

Hope you actually got this worked out already. I apologize for taking so long to get back.

Reality
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Old 07-17-2015, 03:51 AM
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The case is now being held in Brantford, Ontario but the clerks there seem confused at the best of times. The MIP notice was not included in the package we had to call and demand it. When my partner asked why no first date was scheduled the clerk said that can wait. Until when.... We can see his ex just letting this sit out there because she thinks she's "got him". The clerk said once he files the response and she does her reply, either party can request the Case Conference. Is there any advantage to doing this or do we just sit back and wait for her to do it? Thanks for your help!!
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Old 07-21-2015, 12:50 AM
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Quote:
Originally Posted by blendedinsanity View Post
The case is now being held in Brantford, Ontario but the clerks there seem confused at the best of times. The MIP notice was not included in the package we had to call and demand it. When my partner asked why no first date was scheduled the clerk said that can wait. Until when.... We can see his ex just letting this sit out there because she thinks she's "got him". The clerk said once he files the response and she does her reply, either party can request the Case Conference. Is there any advantage to doing this or do we just sit back and wait for her to do it? Thanks for your help!!
The answer is that for the Motion to Change, you get it issued first (which means filed with the Court), then you serve it.

However, with the Response to Motion to Change, one must serve that first, then file it with the Court.

You should avoid using the word Reply because a Reply is a different form altogether, and not a relevant one if the other party filed a Motion to Change.
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