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Legal Ease
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Category: Canada Law
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Experience:  Lawyer
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there is a two year limitation for dismissal for long delay

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there is a two year limitation for dismissal for long delay right ? . I have already served that statement of claim . so does the two year start from the day I filed that claim or the day I served the claim. I haven't found a lawyer yet and I am worried time is running out .
After you served the claim did the defendant put in a response?
Customer: replied 3 years ago.


yes the defendant gave the statement of defense about a month later

Has anything happened in Court since the reply was put in?
Customer: replied 3 years ago.


no I haven't found a lawyer yet I just wanted to know how I am doing for time I got the defense statement in Oct 1012

The action can be dismissed for delay if you don't set the action down for trial within 2 years after the Defendant files the Statement of Defence.

And you can fight this. You will get a notice from the Court about the upcoming dismissal.

But you cannot wait until anywhere near then are you will not be ready to set the matter down for trial if you've not done discoveries etc.

So it is getting time to retain a lawyer if that's your intentions.
Customer: replied 3 years ago.


Once we do discovers then the two year rule starts all over right

No.

The two year rule does not start over.

You can get more time by showing the court why you need it but you cannot wait until the last minute to do that unfortunately.
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