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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-01-2010, 10:42 AM
representingself representingself is offline
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Question Counting Days for Service for a Case Conference?

Will someone please help me count the days?

The Applicant must serve and file their Brief not less than 7 days before a Case Conference.

The Respondent must serve and file their Brief not less than 4 days before.

COUNTING DAYS
3. (1) In these rules or an order, the number of days between two events is counted as follows:
1. The first day is the day after the first event.
2. The last day is the day of the second event. O. Reg. 114/99, r. 3 (1).

COUNTING DAYS — SHORT PERIODS
(2) If a rule or order provides a period of less than seven days for something to be done, Saturdays, Sundays and other days when all court offices are closed do not count as part of the period. O. Reg. 114/99, r. 3 (2).

No Brief or other document can be filed after 2 p.m. two days before the Conference.

So here is the question.... if your Case Conference is on a Wednesday, is the Respondent is supposed to serve his Brief on the Thursday prior?


Here's a tidbit of information I was not aware of: Case Conference Briefs do not become part of the Continuing Record and must be either returned to the parties after the conference, or destroyed.
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Old 10-01-2010, 09:42 PM
representingself representingself is offline
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Seriously.... no one knows the date of service?
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Old 10-02-2010, 07:50 AM
logicalvelocity logicalvelocity is offline
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Yes, to me, Thursday before 2 p.m., Served and filed unless office is closed. However, on consent, the brief can be served - filed two days before.

The Briefs do not form part of the CR, but an endorsement will.
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Old 10-02-2010, 09:59 PM
Nadia Nadia is offline
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Are "trial" management briefs part of the continuing record or does the same apply as case conference briefs?

Nadia
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Old 10-03-2010, 07:54 AM
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TMB's form part of the CR. See Subrule 17(21).
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Old 10-04-2010, 02:43 PM
representingself representingself is offline
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So it is past 2pm, and it is 2 days before my 4th Case Conference and this is the 3rd Case Conference in a row, where the Respondent has failed to file a single piece of paper prior to said conferences.

I am starting to get a little tired of this.

We are both unrepresented, but the thing is that EVERY time we have gone to one fo these useless conferences, I have filed and served all of the necessary documentation, within the prescribed timelines and he does NOTHING...

Just shows up the day of.

It takes me a long time to research and prepare all of these documents, and now I discover that they are destroyed by the clerks, after the conference is over.

Clearly he is planning on showing up empty handed again, and I am finally going to ask to schedule a Motion date...

Question is... am I entitled to any relief from the court, by way of costs, for my time and effort that he is wasting??
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Old 10-04-2010, 07:24 PM
logicalvelocity logicalvelocity is offline
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Costs are generally decided at each step. If your CC is further adjourned - I think I would request costs for that appearance.
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Old 10-04-2010, 07:45 PM
representingself representingself is offline
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What do you say to the Judge?

"Your Honor, as this is the third time we have attended a CC where the Respondent has failed to file a brief, I would like to request costs for the day"?

Do you leave the amount vague and up to the Judge to decide, or do you ask for a specific amount?
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Old 10-04-2010, 08:10 PM
logicalvelocity logicalvelocity is offline
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Yeah - something to that effect - a reminder that precious resources is also wasted resulting Delay ... builds upon that.
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Old 10-04-2010, 08:14 PM
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As far as amount - Would it not be reasonable to seek lost wages and expenses related to that appearance.
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