After I file and serve my motion, he is given 30 days to respond. Is he required to respond? FLR's state:
(5) If a respondent does not serve and file an answer as this rule requires, or if the answer is struck out by an order, (a) the respondent is not entitled to any further notice of steps in the case (except as subrule 25 (13) (service of order) provides);
(b) the respondent is not entitled to participate in the case in any way;
(c) the court may deal with the case in the respondent’s absence; and
(d) the clerk may set a date for an uncontested trial. O. Reg. 114/99, r. 10 (5).
So I guess my question is......Is he required to respond even if he is not contesting anything? If so, what would he respond with? Just saying it's unopposed?
(5) If a respondent does not serve and file an answer as this rule requires, or if the answer is struck out by an order, (a) the respondent is not entitled to any further notice of steps in the case (except as subrule 25 (13) (service of order) provides);
(b) the respondent is not entitled to participate in the case in any way;
(c) the court may deal with the case in the respondent’s absence; and
(d) the clerk may set a date for an uncontested trial. O. Reg. 114/99, r. 10 (5).
So I guess my question is......Is he required to respond even if he is not contesting anything? If so, what would he respond with? Just saying it's unopposed?
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