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I have a question about late filing would you be able to

Customer Question
Hi I have a question...
Hi I have a question about late filing would you be able to assist me?
JA: What state are you in? It matters because laws vary by location.
Customer: Ontario
JA: Has anything been filed or reported?
Customer: I have a case conference coming this friday i am the respondent, i already filed my brief but the applicati lawyer is late and wants me to give consent for late filing. but i missed a lawyer appointment on the weekend because she didn't serve in time now, i don't want to go to court unprepared, if i don't given consent to her for late filing, what happens?
JA: Anything else you want the lawyer to know before I connect you?
Customer: nope..is it through chat or phone call?
Submitted: 4 months ago.Category: Canada Law
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Answered in 1 minute by:
7/24/2017
Lawyer: Debra, Lawyer replied 4 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,145
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Customer reply replied 4 months ago
Ok, waiting thanks
Lawyer: Debra, Lawyer replied 4 months ago

If you don't give her consent she will seek consent of the court by bringing a motion and will almost definitely win.

So the better approach is to consent but have her consent at the same time to give you more time and have the hearing adjourned so you can see your lawyer.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 4 months ago
Thank you. So the case conference will still go ahead this Friday even though I don't give her consent?
Lawyer: Debra, Lawyer replied 4 months ago

No.

She will likely be able to get consent for the time extension but you will be able to get consent for it to be adjourned on the grounds you were to see your lawyer on the weekend and missed out because of her late filing.

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Customer reply replied 4 months ago
Thank you. So what should be my next step? Give her the consent then ask for extension? Do I have to fill a certain form? If she brings a motion for exchange, is the court going to grant her an extension in time for the conference?
Lawyer: Debra, Lawyer replied 4 months ago

She may be able get in a motion quickly or she will end up asking on Friday.

I really think you should be discussing this with your own lawyer of course, but, you would speak to her now and say you cannot consent unless she consents to an adjournment of the hearing and explain why.

She has to handle the court to get the new date etc not you.

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Customer reply replied 4 months ago
Ok thank you Debra
Lawyer: Debra, Lawyer replied 4 months ago

You are very welcome.

If we are done please rate me so that I can receive credit for my work.

Thanks and take good care.

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Category: Canada Law
Satisfied Customers: 102,145
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