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Old 10-20-2020, 12:34 AM
Stillbreathing Stillbreathing is offline
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I don’t know how things work in BC and can only give you an example from my own experience in Ontario.
My lawyer and I asked for an urgent motion in December of 2015 because the dark side had been delaying so much and we had an urgent matter that needed resolution. The dark side’s lawyer said he was out of the country all of December and couldn’t make it. Nor could he send another lawyer from his office. I’d run out of money then and had to go self rep. I called the trial co-ordinator’s office and they gave me the exact same date the dark side’s lawyer had said he was out of the country. They wouldn’t let him change the date either. When the dark side’s lawyer showed up I said to the judge “look who’s here judge. In the case conference he told judge so and so he was going to be out of the country today yet miraculously made it here!.”

The judge could not hear my motion on that date but he did hear me and was going to hear it ASAP. The dark side’s lawyer tried to stall again and the judge turned to him and shut him right down, saying “She has a right to bring a motion and I will be hearing it whether you choose to attend or not”.

That was the single most heart warming moment in my never ending litigation battle (which is STILL ongoing).

Moral of the story, get in front of a judge. The rules are there for a reason. If they haven’t complied with the deadlines I believe you can move on without them. Schedule a CC if that is possible in these times of Covid. Consult with a lawyer. It’s well worth the money to know what your options are.

Last edited by Stillbreathing; 10-20-2020 at 12:38 AM.
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