Simple Divoce - Service

[sahibjee]

Hi All

Today I received the simple divorce 8A application by the applicant in mail. regular post, the stamp is not canceled by canada post for some reason

I believe this would be considered "Regular service" as per rule 6.2
Courts of Justice Act - O. Reg. 114/99

I also believe that this service is not valid as per rule 6.4.1
Courts of Justice Act - O. Reg. 114/99

if she didnt check the "cruelty" box and listed a whole bunch of crap I wouldnt have given a damn, but how do I have her application thrown out for improper service, is there a procedure?

#2 - I want to bring a Tort case against the applicant but now we have two cases, one in ontario family court and the other is in superior court, which court is the better avenue to start the Tort case?

[standing on the sidelines]

I have had stamps before that didnt get cancelled.

I would just accept it as service, all she will do is refile and do it by registered mail. EIther way you are going to be getting served, why prolong it?

[FightingForFamily]

Agreed. Do you think a judge is going to do anything about this? This would just look bad on you for instigating conflict, prolonging the case and being generally difficult. It's not going to accomplish anything. Note that it wasn't served properly and move on to dealing with the issues.

[DowntroddenDad]

If you want to fight the cruelty check box, then fight it. But don't do it on the service, its just more conflict, and she will just serve you again, so there is no point.

[sahibjee]

thanks for all the responses; i certainly do appreciate it. this is the second time she has done this. she filed one motion to move the settlement conference date without my knowledge and claimed "unopposed" I did successfully had it thrown out but that was on the bases of even the rules of filing of motion not being followed.

this makes it her second time. the reason i wanted to have this one dismissed is because I have learnt through canlii (as well as experienced it first handed) that the "applicant" or the person who attacks first gets significant advantage in the courts. they get heard first, they get more time to speak and so on. therefore if this was thrown out I could file for divorce same day without the whole cruelty B.S.

But i guess i just have to fight that part out.

The answer to 2nd part i.e. Tort case is to have it brought up at Superior court of justice. Ontario court does not have jurisdiction.

[hadenough]

I don't recall what the thread was called but Tayken posted it several months ago re: the advantages of being the (R) Respondent. Go digging, and you'll find it.

How are you in 2 courts? I'm inclined to think your multiple issues would be best served in Superior Court as opposed to Provincial.

[mom2three]

this makes it her second time. the reason i wanted to have this one dismissed is because I have learnt through canlii (as well as experienced it first handed) that the "applicant" or the person who attacks first gets significant advantage in the courts. they get heard first, they get more time to speak and so on. therefore if this was thrown out I could file for divorce same day without the whole cruelty B.S.

.

Irrelevant. What does dismissing something have to do with being an applicant?

And, no, I don't believe that applicants not have a significant advantage. Sure would like to read those cases that show otherwise. And where on canlii does it indicate the applicants get more time to speak? It doesn't.

It has been filed. If you wanted the 'upper hand' (as you claim it exists) you should have filed. But shame on you for claiming that because the other party has now filed you want to ignore service so you can then become the applicant. Do you realize exactly how that reads?