Serving documents for motion

[Dad0208]

So my motion is coming up in 3 days. I just received an email from my ex with an attached factum that was signed and served just tonight. It's a 16 page single spaced factum with 10+ cases that she refers to and I have no idea most of the stuff she is talking about. It's more like she's wrote an affidavit than a factum. I can't even understand how she is applying these cases to ours.

She also refers to an affidavit recently written that I was never served a copy of.

As well, the orders sought in her factum are not even the same as the orders she is asking for in her notice of motion. How do I respond to this at the motion? Is she legally able to serve me these documents so close to the court date? This is so frustrating, so if anyone has any advice, please advise me!!

[Stillbreathing]

There are specific time lines to serve documents. Check the family law rules. It depends on whether you are the party bringing the motion or the one responding.

[Dad0208]

Sorry, I guess I should have given that information. I am the responding party and I'm in Ontario. As far as I know, she should have served me at least 4 days before the motion date. A factum was not required, but I chose to write one. She must have then thought she was required to write one too and crammed a bunch of nonsense together and served it to me by email. I'm just not sure how I'm supposed to respond to it on the motion day.

[Stillbreathing]

If you are the one who brought the motion then respond only to any of her response that pertains to your motion. For instance, if your motion is about increasing access time and she responds with S7 expenses outstanding, only talk about the increased access. Keep focused on what the motion is about. Should she talk about non relevant issues then object and ask to redirect the discussion to the motion at hand.

[Dad0208]

I'm not the moving party, I am the respondent.

[Stillbreathing]

Try to keep things as clear and focused as possible. You don’t need to address the additional nonsense she filed if it’s not applicable. Or you could point out that she has filed additional material that is irrelevant to this motion . Then reiterate what the original motion is about and you will be addressing that in your argument.

You have a very limited amount of time to present your argument. When I self repoed, the judge set out explicit time limits. For example: applicant gets 20 minutes then respondent gets 20 minutes and then applicant gets 10 minutes .
Use your time wisely. Don’t get off topic and refer to your factum and specific cases to validate your argument.

Good luck

[rockscan]

Added to that, if you stick to the facts and she simply goes off on a tangent, the judge will get annoyed with your ex who is off topic.

[Dad0208]

Is she technically allowed to send me these documents so close to the motion date? It's 2 days from today and she just sent me all of this lastnight. She refers to an affidavit of her own that I was never even given a copy of. How can this be accepted by the judge even?

[rockscan]

If it is a serious concern then request an adjournment as you weren’t served properly. Or you could go to the court and request a copy of the recent filing.

[Dad0208]

I definitely don't want an adjournment because I've been waiting long enough for this to be over, and I think that with all the stuff she wrote, she will look dumb, but it is very frustrating. Do I just state in my oral argument that I was not served with her most recent affidavit? She refers to it in the factum she wrote, but it didn't even have a date listed or anything, or where I could find it in the continuing record. I don't think she has educated herself on the family law rules.

[Stillbreathing]

You tell the judge you object and take issue with her not following the family law rules and serving you outside of the guidelines. Ask that those materials not be admissible in this motion. The late service is prejudicial towards you as you don’t have enough time to research your response to them. Ask the judge to toss them out.