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  • Been serve paper under a different File Number

    Hi Everyone:

    I got served this Monday a change of motion (#15 Form), and I noticed that the file number is different from our original filing.

    On the original file number I'm the Applicant and she is the Respondent.

    Now, on this new File Number, she is the Applicant and I'm the Respondent.

    What happens now?

    What should I do?


    With regards;

    Freddy

  • #2
    She's filed wrong, and I'm surprised they allowed it to go through. You get one file number and you remain the applicant or the respondent throughout everything. If you are the applicant it means you were the person who initiated the first action and that never changes. If the respondent initiates a court action, they remain the respondent but are the moving party.

    You should go to the court house with some of your original documents and question how this happened and what this means for your case.

    Comment


    • #3
      The best thing to do is contact the court house and see if the paperwork was filed. Just because you were served something doesn't mean it was filed. Many dirty lawyers serve paperwork that isn't filed in Ontario. Always check with the clerk to see if something is filed correctly.

      Comment


      • #4
        Lets assumed that it is filed correctly, what do I do?

        Comment


        • #5
          Originally posted by salsero12 View Post
          Lets assumed that it is filed correctly, what do I do?
          Retain legal counsel.

          Comment


          • #6
            What is exactly your concern? That you were served with a motion to change or that it has the wrong information on the form?

            Comment


            • #7
              This is the first time that it has happened. And to be frank, I do not know what to do. I cannot afford a lawyer, and I self-represented throughout my case.

              So I'm not sure what to do. I don't know what are the legal ramifications of this, and I do not know what to expect in the matter.

              I was hoping someone here could provide me with some guidance. I guess, at the end, I may have to pay to seek legal counsel.

              Freddy

              Comment


              • #8
                What is the motion to change pertaining too? Is it a change you are willing to accept? Is it an issue you may be able to settle outside of court?

                Comment


                • #9
                  I don't know what are the legal ramifications of this
                  The legal ramifications is that your court papers will look ugly. That is all.

                  When you file, maintain your original designations, with the moving party noted as such.

                  Ie, she is Respondent (moving party) and you are Applicant (responding party). She ought to pick up on this and that will be fixed.

                  The court file number is whatever the court staff have decided. Use whatever is on her documents.

                  Most court houses in Ontario will use a "dash #" system.
                  Original file: FC 09 1234
                  Motion to change: FC 09 1234 - 1
                  Next motion to change: FC 09 1234 - 2
                  et cetera

                  What should I do?
                  File a response to motion to change.

                  Comment

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