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!
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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