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Legal Ease
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Category: Canada Law
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Experience:  Lawyer
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Employment Law My wife was wrongfully terminated (with

Customer Question

Employment Law
My wife was wrongfully terminated (with cause) from her employment without warning notice or any previous warnings of any kind.
We filed and received the following with the court.
Manitoba court of Queens Bench - (wrongful dismissal claim and damages)
Doc # Reg Date Court Location Document Notes
1 20-Nov-2015 Winnipeg-QB STATEMENT OF CLAIM
2 24-Nov-2015 Winnipeg-QB AFFIDAVIT OF SERVICE - INITIATING DEF),
3 07-Dec-2015 Winnipeg-QB STATEMENT OF DEFENSE
4 21-Dec-2015 Winnipeg-QB AFFIDAVIT OF SERVICE
5 21-Dec-2015 Winnipeg-QB AFFIDAVIT OF SERVICE
We tried to set a case conference date today and was told it is to late and that it had to be done by December 20th, what are her options? They said she will have to go in front of a Judge to ask for extension.
We believed she had 30 days from the end of pleadings which were believed to be from their defense pleading filed December 7th, to file for a case conference
Submitted: 11 months ago.
Category: Canada Law
Customer: replied 11 months ago.
sorry here is complete court record
Expert:  Legal Ease replied 11 months ago.

Who told you that you could not get a case conference date at this point?

Customer: replied 11 months ago.
Trial co-coordinator, actually the trial co-coordinator is off until January 4, this was the next contact available. She said that the Deadline to file for a case conference was December 20th and that I would have to now file a
NOTICE OF MOTION
FOR EXTENSION OF TIME FOR CASE CONFERENCE
Did I get incorrect anwser from her?
Customer: replied 11 months ago.
Manitoba Court of Queens Bench
Brittany(###) ###-####
Customer: replied 11 months ago.
I can also switch to the Live phone call if that is more convenient for you
Customer: replied 11 months ago.
I found the attached sections under Manitoba law, not sure about the word "in an expedited action"
Expert:  Legal Ease replied 11 months ago.

I cannot seem to open that document but you were not told the correct answer.

The time starts from the close of pleadings and would start from when the Statement of Defence is delivered.

I suggest you contact the trial co-ordinator on the 4th. There are not that many business days until then.

And then if that doesn't work you will have no choice but to bring the motion.

And for that you would swear and Affidavit explaining your understanding of the timing and asking for leave to seek a case conference now.

Customer: replied 11 months ago.
thank you
Expert:  Legal Ease replied 11 months ago.

You are very welcome.