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  • Lawyer not accepting service of documents

    So in my experience during holiday periods when lawyers are away, they typically have an auto-reply that states they will not be accepting service of documents between such-and-such dates. Is this legit, and if I am self-repping, can I do likewise for a brief period of time? I need a vacation!

  • #2
    No, it does not prevent them from being served.

    That being said, if you serve documents to an unmonitored e-mail address (or to an office when you know people are away) then you run the risk that service will later be found to be insufficient. If they are away Aug 1-15 and the case conference is Aug 30, probably fine. If the conference is Aug 16 and you are serving the notice and a brief on August 2, they probably show up Aug 16 and receive an adjournment plus costs.

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    • #3
      Originally posted by OrleansLawyer View Post
      No, it does not prevent them from being served.

      .........If the conference is Aug 16 and you are serving the notice and a brief on August 2, they probably show up Aug 16 and receive an adjournment plus costs.
      I do not understand.

      From this post I am reading:
      The receiving lawyer gets to change the timelines for service just by being away and not monitoring email. The lawyer is forcing a response to happen before their vacation.

      I do not understand.

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      • #4
        Hi another question. What would happen if the ex files a motion to change in the jurisdiction that the lawyer lives and not the parties (Brampton), and then never serves the other party. At the first court date its dismissed since no one shows up. Then 3 weeks after its dismissed the ex serves the same copy of that motion to change (doesn't refile). When the we figure out it’s been dismissed, we file our own motion to change and (emergency motion was planned this week) in the correct jurisdiction that both parties and children live- Toronto. Now, before serving the ex with the new motion to change in the correct jurisdiction (as the filing are backlogged) , the ex gets the original motion to change reinstated in Brampton. So ridiculous.

        Can you have 2 open motions in 2 jurisdictions?

        I think we keep our case in the current jurisdiction and file to dismiss in the Brampton court? Meeting with our lawyer later but I like to hear the groups take on it too. Thank you as always

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        • #5
          Originally posted by arbortrail22 View Post
          Hi another question. What would happen if the ex files a motion to change in the jurisdiction that the lawyer lives and not the parties (Brampton), and then never serves the other party. At the first court date its dismissed since no one shows up. Then 3 weeks after its dismissed the ex serves the same copy of that motion to change (doesn't refile). When the we figure out it’s been dismissed, we file our own motion to change and (emergency motion was planned this week) in the correct jurisdiction that both parties and children live- Toronto. Now, before serving the ex with the new motion to change in the correct jurisdiction (as the filing are backlogged) , the ex gets the original motion to change reinstated in Brampton. So ridiculous.

          Can you have 2 open motions in 2 jurisdictions?

          I think we keep our case in the current jurisdiction and file to dismiss in the Brampton court? Meeting with our lawyer later but I like to hear the groups take on it too. Thank you as always

          I do not understand what this post has to do with any of the previous posts in this thread.

          Comment

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