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  • Paperwork for filing late

    Does any one know where to find the forms for permission to file late?
    And a rough desciption of the proccess?

  • #2
    Does anyone know how to file with the court when you are not in Province?
    Do you have to use a Lawyer?

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    • #3
      If you're not able to file yourself, you can either use a lawyer or add a third party to the docket that will be responsible for filing on your behalf. (You will need to obtain more information by calling the courthouse - they will know best how you should proceed.)

      With regards to late filing... you may find a form here: Family Law Rules Forms — Ontario Court Services, but I'm unsure which form it is. Again, calling the courthouse and inquiring would be your best option.

      You can obtain further information by reading the Family Law Rules, here: Courts of Justice Act - O. Reg. 114/99.

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      • #4
        Ministry of the Attorney General - A Guide to Family Procedures in the Ontario Court of Justice

        Time Limits for Filing Documents
        The court rules contain certain time limits for filing documents. Many of the forms have the time limits printed on them. For example, the respondent in a case has
        30 days from the date he or she is served with the Application to file an Answer. This information is on both the Application (General) – Form 8, as well as the Answer – Form 10.

        What happens if you miss a deadline?
        Court staff cannot accept documents if the deadline for filing the documents has past. The time for serving and filing some documents may be extended if you have written consent from the other party. If you do not have the other party’s consent, you may bring a procedural motion asking the judge for an order to extend the timelines.
        Refer to the Motions Guide for more information.

        Counting Days
        There are two ways in which days are counted for the purposes of filing deadlines:
        <DIR>
        If the time for completing something is less than seven days:
        weekends, holidays and other days when the court office is closed are not counted.

        If it is more than seven days:
        you count every day.

        </DIR>
        In the example of filing an Answer: weekends, holidays and other days when the court office is closed are counted as part of the 30 days. Most timeframes in the
        Family Law Rules are greater than seven days. A sample of counting days is shown below.

        Remember: Documents cannot be served on Sunday, unless the court gives its permission. 1. 2.

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