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Old 06-08-2011, 01:32 PM
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Does any one have any thoughts on timeliness of civil cases, filing and all the papers that go back and forth? Just feeling so frustrated with my law firm.
On one hand the case is soooo important to them, then on the other seems that things are progressing so slow.

Guess I need to vent some too.
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Old 06-09-2011, 09:00 AM
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It's within 2 years from the date of the incident or whatever matter you want to file suite for. After the application that has to be accompanied by all the documents, it does not matter anymore, time wise.
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Old 06-09-2011, 09:20 AM
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Thanks for the reply Single Loving Mom.

That is the ball park that I had figured too from reading the Rules of Civil Proceedure. It's just all the inbetweens that have become so frustrating.

Our Statement of claim went in in Sept '10. The respondant didnt reply, was declared in default Dec '10. Low and behold she finally replied March of this year. This all is stemming from a no Jurisdiction order (since 2002) that was given Dec '08. As a result the Crown has also been brought into this and I have no fault with them. They are very fastidious with thier end of things. Just seems that my lawyer(s) is dragging his butt. The ex is as well and our lawyer just lets her carry on. There have been several replies to the claim going back and forth, as should, but 40+ days ago one of our lawyers wrote to the one of our other lawyers. `Guess we can file and serve now`. Havent heard anything in response from this sr lawyer saying go ahead. So have no idea if this has been done. Was just wondering if there are time limits to these little steps along the way.

Have been fighting these issues since 2002 so patience when I know what is going on is not a problem.

Last edited by AtALoss; 06-09-2011 at 09:23 AM.
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Old 06-09-2011, 09:40 AM
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At this point you should make an appointment with your lawyer/lawyers and ask them directly what is happening - since you pay them and it's your money. If youare not satisfied with the outcome of this meeting, you can get the Law Society involved - make a formal complaint and mention that to your lawyer/lawyers. Investigation for complaint with the Law Society takes 30 days more or less. Why was there a no Jurisdiction Order?
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Old 06-09-2011, 10:14 AM
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My spouse had a support order for CS that expired in 2002. After many requests his ex would not end it civilly. So 2004 He filed his Motion to vary/change. It was not until 2008 when we got these lawyers involved did the court finally acknowledge the expired order. Meanwhile in 2005 FRO puts on the garnishee and they continued collections and didnt close the file till 2009.

So left suing her for an astronimical overpayment and hence the Crown for the resulting consequense of not acknowledgeing the expired order. Has to be the Crown as FRO has no liability and you cant sue them, but yet they have all the power to ruin and carry on. There are many times the Director could have stepped in and ended it but let thier lawyer lead them down thwe garden path.

We have been through the LSUC many a time and they just side with thier own. Plus dont want to rock the boat at this point with our lawyer.

Last edited by AtALoss; 06-09-2011 at 10:29 AM.
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Old 06-09-2011, 01:40 PM
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Then all I can say is: GOOD LUCK!
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