How do I SEVER (not SERVE) a late claim - how

[Tayken]

Taken thank you, so would the sought relief look something like:

"1. An order to disallowing the amending of pleadings as requested by the moving party in this matter, or in the alternative an order for the severance of the amended relief from the family matter"

I would make submissions that the presumption in this language above is that they can bring a civil action forward if they like.

Also, their motion for the amendment was adjourned with no return date. am I correct in assuming that this does not affect the "return-ability" of the motion ?

That would be a question for a lawyer. You should have a lawyer on limit retainer for your matter.

[plainNamedDad44]

You can file a cross-motion on that motion asking the court to sever the tort from the family law matter.

The party bringing the motion is called the “Moving Party”. The party defending the motion is called the “Responding Party”. However, a Responding Party may bring a cross-motion against the Moving Party, returnable at the same motion, requesting the court to make orders they seek.

Taken thank you, so would the sought relief look something like:

"1. An order to disallowing the amending of pleadings as requested by the moving party in this matter, or in the alternative an order for the severance of the amended relief from the family matter"

I would make submissions that the presumption in this language above is that they can bring a civil action forward if they like.

Also, their motion for the amendment was adjourned with no return date. am I correct in assuming that this does not affect the "return-ability" of the motion ?

[Tayken]

The motion to amend pleadings was adjourned but it I think will be allowed.

You can file a cross-motion on that motion asking the court to sever the tort from the family law matter.

The party bringing the motion is called the “Moving Party”. The party defending the motion is called the “Responding Party”. However, a Responding Party may bring a cross-motion against the Moving Party, returnable at the same motion, requesting the court to make orders they seek.

[plainNamedDad44]

Hi all,

Weeks away from TMC and STBX had motioned to have pleadings amended for tort claim. The motion to amend pleadings was adjourned but it I think will be allowed.

If the amendment of claims is allowed, Tayken had suggested having the matter severed. I think that's the way to go. So I need to understand the best way of getting this done. Here are the options as I understand them:

1. On consent. - no going to happen I think.
2. By motion - next available motion date is in July - which is after the time when the entire matter is looking to get to trial.
3. Have something done at Trial management conference - is this even possible ? I will research


Can anyone please provide some guidance. Time is short.

Thank you