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Does a respondent HAVE to respond within 30 days to a motion?

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  • Does a respondent HAVE to respond within 30 days to a motion?

    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?

  • #2
    IF my ex served me with a notice of motion where it states I have to respond within 30 days I would respond with my statement of defense and/or cross motion within 30 days or my ex would win by default. If a person doesn't do anything and the other party wins by default the person who didn't respond shouldn't expect to receive any documentation to that effect unless there is an order for costs or further instruction from the court. It is very important to be able to prove that proper service of your notice of motion was carried out.


    • #3

      The above is a great link to procedures and steps. There is also a step by step explanation of actions that need to be done if the other party has not responded.

      Now, as per your question, sure he is required, but would that be a major issue-probably not. In my experience, I have not responded since she had wrong postal code on the envelope and I did not get the docs till about 2 weeks before the court date. It was not enough time to retain a lawyer. So I just showed up in court on that date with my explanation as to why I have not responded or prepared. They rescheduled.

      Second example, I served conference brief and my ex (by the rules of Fam. Courts) would be "Required" to respond, and also, there are some other steps that needed to be done for CC to take place. She has not responded, has not done any confirmations for CC date, but just showed up on the date. The Judge has not even batted an eye to the fact that she has not done any of it.

      So I guess it all depends on the Judge. If he shows up in Court on the set date with an explanation, most likely clerks will reschedule. I presume it would be First Appearance, so usually what the 1st appearance is so that the clerks prescreen both parties as to whether they are prepared for the next step.


      • #4
        P.S. Also, 5 c) of your post "the court may deal with the case in the respondent’s absence" is what I am explaining. He doesn't respond-one outcome. He does not appear on the court date-then yes it can have a more eventful outcome.

        However, now that I think about it, a while ago my ex did not show up for the set date in court, and the clerk just stated that they will reschedule. So again, neither one of the rules that you referred to in your post, has worked in my favor.


        • #5
          Yes it's my personal experience that judges are pretty used to people clogging up the court with adjournments, rescheduling. This is why it takes so long to get court dates.


          • #6
            My ex has not cooperated with any of my lawyers requests.
            He had 30 days to respond to the Application for Divorce..nothing.
            He is supposed to attend the Mandatory Information Program next week..he will be out of the country.
            We go to Case Conference with the Judge November 14th ( the lawyer insisted on "not first appearance")...
            wonder how that will go?


            • #7
              If you have a claim for support, or property, then he must serve and file a financial statement.

              It is his right not to submit an Answer, although that usually means you will receive the relief you are requesting.

              If he wants to serve an answer but takes more than 30 days to do so, the courts will usually permit late filing.


              • #8
                missed reply date and missed extension date on reply

                Can anyone tellme what happens in this scenerio: My husband's ex has a lawyer, we are self represented. The ex and her lawyer missed the reply deadline. We went to the first court date, they asked for an extension and got one. They have now missed the second date for filing AND have not filed a change in represenattion form requested by the courts. SO- th eonly information on file for the respondent is a MIP attendance form. Our case conference date is coming up in 10 days. According to the rules they should not be entitled to participate at all going forward. Do I have to file something to request that the rules be followed? I think I can file a motion to ask the courts to make an order to move forward without the respondant but technically you can't file a motion before the case conference has occured. Does anyone have any advice here? We are on a tight deadline. Thank you!


                • #9
                  My X didn't respond to my motion to change for over 90 days.

                  He didn't show up for the first two case conferences.

                  On the third case conference, it was business as usual. No one cared that deadlines were ignored. No one cared that we were on the third conference before both parties were there.

                  Oh - and I was served with their CC brief as I walked in the door. I read it as quick as I could before our case was called.

                  Well, no one cared but ME!!


                  • #10
                    law rules

                    Why do they even have law rules then? What is the point if the courts don't follow then? It is rediculous. I suppose it is grounds for appeal however if things don't go your way.


                    • #11
                      I suppose.

                      I think I could have put up an argument about allowing him to respond late, but in the end, he could just file his own motion later and drag it all out longer anyway.

                      I was certainly irritated and was hoping it would all go in my favour because of it, but that didn't happen. I DID get a temporary order for CS after he didn't show for the second CC though.

                      He showed up for the third. I think the temp order may have been a little motivation.


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