Court case closed automatically due to inactivity?

[billm]

Are court cases closed by the courts due to inactivity?

Ex filed November 2011, case conference Jan 2012, nothing since then, expect a cancelled settlement conference.

Will this case be automatically closed by the courts for lack of activity for example?

[Perserverance]

The courts are supposed to close inactive files, however, my ex launched court action in 2010 and it was still active come 2013 when I launched court action.

[Tayken]

Are court cases closed by the courts due to inactivity?

Ex filed November 2011, case conference Jan 2012, nothing since then, expect a cancelled settlement conference.

Will this case be automatically closed by the courts for lack of activity for example?

Hi Billm,

This is covered under the Family Law Rule 40 "CASE MANAGEMENT IN ONTARIO COURT OF JUSTICE". In particular 40.(5) "NOTICE OF APPROACHING DISMISSAL AFTER 365 DAYS":

NOTICE OF APPROACHING DISMISSAL AFTER 365 DAYS

(5) The clerk shall serve a notice of approaching dismissal (Form 39) for a case on the parties by mail, fax or electronic mail if the case has not been settled, withdrawn or scheduled or adjourned for trial before the 365th day after the date the case was started, and that time has not been lengthened by an order under subrule (3). O. Reg. 439/07, s. 4 (2).
EXCEPTION

(5.1) Despite subrule (5), if a case conference or settlement conference is arranged before the 365th day after the date the case was started for a date on or later than the 365th day, the clerk shall not serve a notice of approaching dismissal except as set out in subrule (5.2). O. Reg. 439/07, s. 4 (2).

Note there are also rules under Rule 41 as well. It depends on what court your matter is being heard in. (OJC or SCJ) But, they both appear to be the same on the 365 day timeline.

Good Luck!
Tayken

[OhMy]

Hi Billm,

This is covered under the Family Law Rule 40 "CASE MANAGEMENT IN ONTARIO COURT OF JUSTICE". In particular 40.(5) "NOTICE OF APPROACHING DISMISSAL AFTER 365 DAYS":



Note there are also rules under Rule 41 as well. It depends on what court your matter is being heard in. (OJC or SCJ) But, they both appear to be the same on the 365 day timeline.

Good Luck!
Tayken

Hello. What would happen to any temporary orders if a case is dismissed? Also does anyone know if the 365 days would be counted from the last appearance or order?

[ddol1]

Bill, can answer with certainty (been going through this last few months. The system is set up to give a certain amount of days to get to a particular stage in the process - if a file is behind then the court clerk is to send the form 39 "Move for Dismissal" with the options the party has to prevent the file from being outright dismissed and any court orders up to the date will become null and void. At least in my case I was given about sixty days to do what was required.

For myself, I have learned much, the courts have, or at least the court staff at both the family law court and the federal courthouses have made all the difference in guiding me through this - setting up the forms, filling them out and even got "Instruction on stickies" to keep me from screwing up.

The files in the courthouse are all on timeclocks should one stagnate this dismissal step will keep things moving along. Everyone is given a couple of months to make good and file the updates with the court. I was told that different courthouses follow this rule closely while others do not - I can onlt think that the difference is in the people themselves, management directives and others as well.

But I can't see someone getting blind sided with a notice to dismiss at the end of the week - we all get our fair chance to make the corrections the court is demanding of those slow moving ones......