When is the last day to serve materials?

[416excouple]

Conference is on April 21 2022, I am the applicant. When is the last day to serve briefs for both applicant and Respondent.

Bearing in mind good Friday and Easter Monday.

Please help.

[blinkandimgone]

This handy tool might help:

https://www.scc-csc.ca/parties/deadl...elais-eng.aspx

[blinkandimgone]

Conference is on April 21 2022, I am the applicant. When is the last day to serve briefs for both applicant and Respondent.

Bearing in mind good Friday and Easter Monday.

Please help.

You are the applicant or the moving party? Or both?

[416excouple]

You are the applicant or the moving party? Or both?

It is a Case Conference, I am the applicant, I need to know deadline to serve briefs for both parties

[blinkandimgone]

https://www.ontario.ca/document/guid...ling-documents

conference documents (Forms 17, 17A, 17C, 17E, or the Trial Scheduling Endorsement Form) must be served and filed at least:

- six business days before the conference date if you asked for the conference or if you are the applicant and no other party asked for the conference (for example, a judge scheduled the conference) (In this case, the deadline would be April 11, 2022)

- four business days before the conference date if you received a notice of conference from the other party or if you are the respondent and no other party asked for the conference (in this case, the deadline would be April 13)

[416excouple]

https://www.ontario.ca/document/guid...ling-documents

Thank you.

[podric]

I am confused.
I am a respondent on the file but I was the one that filed the Motion To Change.
I also did not ask for the conference date for a DRO CC?



What is my deadline? What is my deadline if I did ask for the DRO CC?

[rockscan]

I am confused.
I am a respondent on the file but I was the one that filed the Motion To Change.
I also did not ask for the conference date for a DRO CC?



What is my deadline? What is my deadline if I did ask for the DRO CC?

Do you have a conference date? You work back from that based on what blink posted. If you don’t have a date, you don’t have a schedule to work off.

[podric]

Do you have a conference date? You work back from that based on what blink posted. If you don�t have a date, you don�t have a schedule to work off.

Irrelevant post. Make up a day if needed: July 30, 2022.



To be clearer for ya if a Respondent filed the Motion to Change must they still to file 4 days before and the original Applicant 6 days before the CC / DRO CC?


What if the Respondent and Respondent asked for the conference, that isn't covered.

[rockscan]

It doesn't matter if you are the respondent or applicant. If you are the MOVING PARTY and requested the conference, you follow the dates from there.

For instance, your date is July 29, 2022, you are the moving party in the matter, you file six days before the date or the Thursday, July 21 since it is six business days before it. The person responding has four days before the appearance.

You can be the respondent but still the moving party. Some people have a file with the court from their first action and have filed a motion to change but were the respondent in that matter. For instance, the mother started the application for divorce, support, custody etc. Six years later the father filed a motion to change. He would have been the respondent in the first matter and is therefore the respondent in the motion to change but the MOVING PARTY in the motion. Or the respondent was served with a motion to change but files their own cross motion for say...disclosure. They are the respondent but still the moving party in the matter.

[podric]

It doesn�t matter if you are the respondent or applicant. If you are the moving party and requested the conference, you follow the dates from there.

For clarity: Moving party will file 6 days before CC.


What if the replying party set the date for the CC. That would give you a file date of 6 days before the CC?
This is in the FLR or is it somewhere else?

[rockscan]

When is the last day to serve materials?

For clarity: Moving party will file 6 days before CC.


What if the replying party set the date for the CC. That would give you a file date of 6 days before the CC?
This is in the FLR or is it somewhere else?

Let me make this clearer. You are the moving party as you filed the motion to change.

You will have to attend a conference and depending on your court, it may be DRO it may just be a CC.

WHEN the court schedules that conference, you will have the six days to file with the responding party having four.

It doesn’t matter if you request the date or not. The court will hold a conference and as you filed the motion to change, you are the moving party and you file first.

[podric]

Makes sense now:
Moving party is the person that wanted to set the date or if no party set the date and it was given by the court the Moving party defaults to the one that started the proceedings (filed Motion to Change).



Yes. thanks.

[rockscan]

Makes sense now:
Moving party is the person that wanted to set the date or if no party set the date and it was given by the court the Moving party defaults to the one that started the proceedings (filed Motion to Change).



Yes. thanks.

If you think that’s confusing, wait until the judge has to write an endorsement and is so tired from the day long motion they have to ask the clerk how to reference the parties for costs! My husband was the applicant in the original matter but his ex filed the motion to change. Judge stumbled on how to write that she owed costs. He went with applicant mother after stumbling over respondent and moving party.