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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 11-19-2008, 12:17 PM
PundaSmith PundaSmith is offline
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Default Delay in Filing Settlement Conference Materials - What to Do

Hi,

My ex's lawyer scheduled a settlement conference next week Thursday. My ex wants some form of access that is why they scheduled the conference.

I thought the rules indicate that "or a case conference or settlement conference requested by a party, the requesting party shall serve and file at least seven days before the conference date and the other party shall serve and file at least four days before that date "

However, as of today, I have not received any materials from him. What should I do, since I am traveling country...

Thanks - Punda

Last edited by PundaSmith; 11-19-2008 at 12:38 PM. Reason: Edit title
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Old 11-19-2008, 06:06 PM
logicalvelocity logicalvelocity is offline
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It is suppose to be like clockwork. However, don't get to wrapped up into the rules. Remain focussed on the issues. Allow the court to police their rules, not you.

If it was me, I would go ahead and serve and file your respective material as per the rules.

Don't forget about filing your 14C confirmation that is due prior to 2 p.m. --2 days before with the Registrar.

Last edited by logicalvelocity; 11-20-2008 at 12:34 PM. Reason: typo and a little bit of hinsight!
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Old 11-20-2008, 12:25 PM
Ed Canuck Ed Canuck is offline
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I agree with legalvelocity; serve your brief and file it and your confirmation as though they had served theirs. If there's anything unexpected in their brief, assuming they finally serve one, you can request an adjournment due to insufficient time to prepare (you should also ask the judge to smite opposing counsel around the head for not following the rules, just 'cause...),

Unfortunately, it appears that, in Family Court, the only ones expected to follow the rules are those that are unrepresented. The notices that state that "you will be held to the same standard as parties who have lawyers acting for them" are pure bulls**t; you're held to a much higher standard, at least by the supposedly helpful folks at the FLIC.

In this case, even the law seems to be written assuming the rules aren't going to be followed, viz:

Rule 17(13.1) The party requesting the conference (or, if the conference is not requested by a party, the applicant) shall serve and file a brief not later than seven days before the date scheduled for the conference and the other party shall do so not later than four days before that date. O. Reg. 202/01, s. 5 (5).

Rule 17(14.1) No brief or other document for use at the conference may be served or filed after 2 p.m. two days before the date scheduled for the conference. O. Reg. 202/01, s. 5 (7).

14.1 implicitly states that briefs are acceptable up to 2 days before. What's the point of 13.1 at all, then?

Just my jaundiced opinion...
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