Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 12-01-2016, 03:24 PM
Senior Member
 
Join Date: Apr 2014
Posts: 381
Dadx5 is on a distinguished road
Default Is there a reason not to allow late filing?

I have just received an email from the opposing sides lawyer asking for permission for late filing.

Is there any reason not to allow it? I want this case to move forward this has been dragged out for years and we are not moving. I don't want to be blind sided though. I do not get responses from them ever, I sent offers to settle weeks ago, I sent an email reminding them that I have not received any of the ordered disclosure, they did not respond. I filed my settlement conference brief a few weeks ago they did not respond. This is the third settlement conference brief that I have served on them they never respond, and it has been adjourned multiple times.

I am frustrated that they are not responding but I also do not want them to get an adjournment because they didn't file in time.
Reply With Quote
  #2 (permalink)  
Old 12-01-2016, 03:48 PM
LovingFather32's Avatar
Senior Member
 
Join Date: Apr 2014
Location: Ottawa
Posts: 4,518
LovingFather32 is an unknown quantity at this point
Default

If this was the first time I'd let it go. Since this is an ongoing issue and they're not providing disclosure, etc then perhaps the lawyer should take some time out of his day to go get a "procedural motion" for consent to file late (which I'm sure OP will hate doing).

This might make him think twice about doing it next time.
Reply With Quote
  #3 (permalink)  
Old 12-01-2016, 03:53 PM
Hand of Justice
 
Join Date: Jan 2013
Location: In the Shadows
Posts: 3,143
Links17 is on a distinguished road
Default

File what?
Reply With Quote
  #4 (permalink)  
Old 12-01-2016, 05:09 PM
Senior Member
 
Join Date: Jul 2012
Posts: 1,692
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

A case worth considering: http://www.canlii.org/en/on/onsc/doc...15onsc326.html
Reply With Quote
  #5 (permalink)  
Old 12-02-2016, 09:55 AM
LovingFather32's Avatar
Senior Member
 
Join Date: Apr 2014
Location: Ottawa
Posts: 4,518
LovingFather32 is an unknown quantity at this point
Default

Wow, great caselaw OL.

It also touches on the primary objectives of family law that I've been posting about in many threads (Stuff LAO and ignore very often). I absolutely love to read caselaw where judges go over these points. It gives me hope that FLR's arn't just there to look pretty.

Quote:
Rule 2(2)(3) of the Family Law Rules, which reads:

The primary objective of these rules is to enable the court to deal with cases justly. O. Reg. 114/99, r. 2 (2).

(3) Dealing with a case justly includes,

(a) ensuring that the procedure is fair to all parties;

(b) saving expense and time;

(c) dealing with the case in ways that are appropriate to its importance and complexity; and

(d) giving appropriate court resources to the case while taking account of the need to give resources to other cases.
Lots of other juicy stuff in there, great resource.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Late filing by applicant to respondant for trial lplp Divorce & Family Law 6 11-04-2015 03:27 PM
Another Request for filing Late mememe Divorce & Family Law 1 03-24-2014 04:17 PM
Late filing of Form 10...Allowed or too late? singledadof2 Divorce & Family Law 3 02-15-2012 11:07 PM
URGENT! Filing Late rmccallion Divorce & Family Law 3 09-02-2011 06:53 AM
Filing Response Late awesomemom Financial Issues 4 06-07-2011 05:06 PM


All times are GMT -4. The time now is 09:22 AM.