Need help *please* - next steps

[plainNamedDad44]

Hi all...

As I mentioned in my last few posts, I have a motion being heard by *written submissions only* and the STBX's lawyer has missed two extensions on the deadline to provide a responding affidavit. The sequence of written submissions should look like this.

1. AF (me) - affidavit and motion (done!)
2. RM (STBX) - responding affidavit (after two extensions, nothing !)
3. AF - Reply affidavit (kind of hard to do with out a response)
4. AF - factum - I have this done.
5. RM - factum
6. AF - Reply

So I am stuck at #3 as I don't have a #2. So here's what I think my choices are for #3:

a. File a 14B seeking leave to proceed with the balance of possible submissions. i.e. my factum and affidavit with new info.

b. My step 3 document (reply affidavit) could address that no responding affidavit was provided after two extensions, and then go on to provide my new info.

c. Continue to provide the other party with yet another extension which would then prejudice the matter from reaching trial.

I am leaning towards a or b. Can someone please help.

thanks

PND

[arabian]

My ex takes me to court every year. It is now down to written submissions. He files and I respond. A court date is set. He doesn't respond to my response. We have the matter heard by the judge and an Order ensues. It is pretty simple.

I think it is pretty important that a court date is set early on - this motivates the opposing sides to get their shite together and respond. If someone doesn't respond then the matter still goes forward. I guess I don't understand your situation... is there no court date for the hearing?

[arabian]

I would think that if your ex never responded to your original motion then you simply set a court date and have judge render decision? When is your hearing date?

[plainNamedDad44]

I would think that if your ex never responded to your original motion then you simply set a court date and have judge render decision? When is your hearing date?

Hi Arabian, there is *no* hearing date. Justices are sick of seeing our faces.

Motion is to only be heard by submissions and then a decision will be rendered.

I have decided to proceed by serving and filing a 14b, which will ask for the matter to proceed notwithstanding not having been served a responding affidavit to which will be attached my 'Reply' affidavit.

thanks for you response.

PND

[OrleansLawyer]

I have decided to proceed by serving and filing a 14b

That seems reasonable. Considering your posts, there must be a lot going on in your case. A consultation with a lawyer, or a sit down with your local Family Law Information Clinic, sounds like a good investment of time.

[plainNamedDad44]

That seems reasonable. Considering your posts, there must be a lot going on in your case. A consultation with a lawyer, or a sit down with your local Family Law Information Clinic, sounds like a good investment of time.

Thanks OL and Arabian !