Hi everyone, a while back I had been asking about adjourning a case conference - well the trial coordinator was very helpful and my partner got the adjournment to September 18th. He has sworn his financial statement and has just been holding off on finalizing and serving his brief in order to see hers. Her deadline is tomorrow and so far he has received nothing.
If the conference is on Friday that means he needs to serve and file by Monday correct? He was going to send it by courier tomorrow evening and then head down to the courthouse Monday to file everything and his Affidavit of Service but we had a question about whether that is sufficient. Purolator said if the package is picked up after 3pm it won't be delivered until Tuesday. The Rules say service by courier is effective the day after the courier picks the package up so if it is picked up Friday (does the time of day matter?) but not delivered until Tuesday would he be meeting his deadline? He works from 5am to 3pm tomorrow so he won't be at Purolator by the 3pm deadline.
If he receives nothing from her should he assume the conference is still going forward and go to court next week?
Thank you!
If the conference is on Friday that means he needs to serve and file by Monday correct? He was going to send it by courier tomorrow evening and then head down to the courthouse Monday to file everything and his Affidavit of Service but we had a question about whether that is sufficient. Purolator said if the package is picked up after 3pm it won't be delivered until Tuesday. The Rules say service by courier is effective the day after the courier picks the package up so if it is picked up Friday (does the time of day matter?) but not delivered until Tuesday would he be meeting his deadline? He works from 5am to 3pm tomorrow so he won't be at Purolator by the 3pm deadline.
If he receives nothing from her should he assume the conference is still going forward and go to court next week?
Thank you!
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