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Is there a reason not to allow late filing?

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  • Is there a reason not to allow late filing?

    I have just received an email from the opposing sides lawyer asking for permission for late filing.

    Is there any reason not to allow it? I want this case to move forward this has been dragged out for years and we are not moving. I don't want to be blind sided though. I do not get responses from them ever, I sent offers to settle weeks ago, I sent an email reminding them that I have not received any of the ordered disclosure, they did not respond. I filed my settlement conference brief a few weeks ago they did not respond. This is the third settlement conference brief that I have served on them they never respond, and it has been adjourned multiple times.

    I am frustrated that they are not responding but I also do not want them to get an adjournment because they didn't file in time.

  • #2
    If this was the first time I'd let it go. Since this is an ongoing issue and they're not providing disclosure, etc then perhaps the lawyer should take some time out of his day to go get a "procedural motion" for consent to file late (which I'm sure OP will hate doing).

    This might make him think twice about doing it next time.

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    • #3
      File what?

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      • #4
        A case worth considering: http://www.canlii.org/en/on/onsc/doc...15onsc326.html

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        • #5
          Wow, great caselaw OL.

          It also touches on the primary objectives of family law that I've been posting about in many threads (Stuff LAO and ignore very often). I absolutely love to read caselaw where judges go over these points. It gives me hope that FLR's arn't just there to look pretty.

          Rule 2(2)(3) of the Family Law Rules, which reads:

          The primary objective of these rules is to enable the court to deal with cases justly. O. Reg. 114/99, r. 2 (2).

          (3) Dealing with a case justly includes,

          (a) ensuring that the procedure is fair to all parties;

          (b) saving expense and time;

          (c) dealing with the case in ways that are appropriate to its importance and complexity; and

          (d) giving appropriate court resources to the case while taking account of the need to give resources to other cases.
          Lots of other juicy stuff in there, great resource.

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