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  • Amending a Motion to Change

    Can a motion to change a final order be amended by way of a sworn Affidavit?

    The original motion to change concerned one issue and since the application two other issues have arisen which the opposing party is (unfortunately) not willing to settle upon.

    We attended a case conference and I was given leave to amend the motion to change but would like some advice as to how this can be done.

    On a side note, has anyone had the Sheriffs Office carry out service? Would there be a record to indicate service was carried out? It was all arranged by the clerk at the courthouse, who had me complete the necessary paperwork. Opposing party claims they never received the original application materials. Would the person from the Sheriffs Office be expected to complete an Affidavit of Service and file that with the court?
    Last edited by Nadia; 10-19-2012, 09:16 PM.

  • #2
    i believe thats something you take it up with a settlement conference. you can also propose an offer to settle regardless if they accept or not, it will demonstrate that you attempted to settle and the court will favor that. not so much as the details but the intent to offer to settle.

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    • #3
      Just found the answer to the second part of my question, just in case someone might have the same question.

      Evidently, a Sheriffs Certificate is filed.

      Canada Gazette – Criminal Proceedings Rules for the Superior Court of Justice (Ontario)

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      • #4
        yes but that is when the crown is involved, mostly its just ma and pa for family. i dont know if a sheriff can be used for service in that way without paying a stupid amount of bucks.

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        • #5
          Service through the Sheriffs Office was arranged by the clerk at the Court. So, one would assume that it is reasonable to expect that it was carried out and there would be some sort of paper trial.

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