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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 08-29-2012, 02:14 PM
hastings hastings is offline
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Default the opposing lawyer refused to receive my served document

I served with regular mail via canada post as the court clerk told me so. but a few weeks later, all package get returned to me. says vacant 13 on the envelope. what is it supposed to mean? I called them and they said they didn't receive anything. even the fax I faxed them. what should I do?
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Old 08-29-2012, 02:20 PM
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Send it registered mail?
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Old 08-29-2012, 02:27 PM
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Has the opposing side filed anything in the case? If yes, serve them at whatever address is on their court documents (lawyer's office). If no, e-mail the opposing lawyer asking if he will accept service. If yes, serve him with registered mail. If no, hire a process server to put the documents directly to your ex.
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Old 08-29-2012, 04:51 PM
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Yeah, ALWAYS use registered mail. Spend the $11 so you have proof of service and the whole "I never got it" game never comes into play.
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Old 08-29-2012, 09:38 PM
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**Is there anything under the FLR that states opposing counsel must respond?**

IE: I recently emailed ex's lawyer TWiCE asking if he is still counsel on record, and where to serve him? I've seen 3 different addresses he uses! I got one "read receipt" of the 2 emails - but no reply. He is an ass - so it figures. I need to serve him in the next few weeks.

Very strange - that OP's mail got returmed and that they claim to have not received a fax as well. Would be so nice if bull$hitting wasn't so acceptable.
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Old 08-30-2012, 01:47 AM
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hastings: if residing in Ontario, once you have served documents, you are to file with the Courts, with the Court Clerk requesting a receipt as proof of the documents being served, usually via "registered mail and/or Express Post Mail" as it takes from 3-5 business days to reach destination and there is a tracking number. How could you provide a receipt if sent via "regular mail"? as you cannot be sure if it will be received as there is no tracking number!
Fax I can't see how they can say it was not received as you have to provide the Court Clerk the confirmation as proof it was sent and received with the telephone number being the same listed on Court Documents.
This is why legal counsel are to file with the Courts a "change of representation" listing their name, and contact info.
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Old 08-30-2012, 10:44 AM
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Quote:
I recently emailed ex's lawyer TWiCE asking if he is still counsel on record, and where to serve him?
Was he on record at the court house? If yes, then he is the solicitor of record until a change of representation is served and filed. Nothing he says to the contrary changes that.

For service by mail, please see http://www.e-http://www.e-laws.gov.o...s_990114_e.htm
Specifically, s.6(5)
Quote:
(5) Regular service may be carried out at the address for service shown on the latest document filed by the person to be served. O. Reg. 114/99, r. 6 (5).
Whatever is on his last court document filed is a valid address for service.
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Old 08-30-2012, 01:30 PM
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Thx. I'll see what address he decided to use on his last document that I have. Trying to reach the court clerk's office by phone is totally useless. At least where I am, it is. I'll likely need to go there in person to inquire. Cuz I've got nothing better to do w/my time. It should be: that he is obliged to answer me. It's a simple question I've put to him. But no - that's far too much to ask for. To me, it is totally unprofessional - but then again - so is he, overall. At least he's consistent.
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Old 08-30-2012, 01:33 PM
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Do you not keep a copy of the continuing record for your own reference? Whatever it says on the document most recently served should suffice.
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Old 08-30-2012, 01:37 PM
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OL: I do not have, nor have I ever had anything that is labelled as "the continuing record." What I do have, is mountains of bs files and paperwork that takes up a considerable amount of space. Bankers boxes, files, and endless documents. None of which are called "the continuing record."
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