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I am preparing my brief for the Trial Management Conference.

Opposing has emailed me asking...
I am preparing my brief for the Trial Management Conference. Opposing has emailed me asking for consent to file late today TMC is on 10/3. I have responded asking her to file by the same date she asked for. Do you think I am better off asking for an adjournment?
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Answered in 5 minutes by:
9/26/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,514
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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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I think you should ask for an adjournment.

You can say she is filing late and she is giving disclosure late so why don't we just adjourn and see what she says.

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Customer reply replied 9 months ago
I think I will
Customer reply replied 9 months ago
Can you confirm what form I will need to file to make an offer with the TMC brief.

There is no offer form.

You just use the same style of cause. Call it offer to settle and you can say this offer is being served upon you pursuant to the Rules of Practice on a without prejudice basis in the covering letter.

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Customer reply replied 9 months ago
I saw a for 49A can this be attached to the TMC brief? I have attached it.

I am not sure where you got that but that is not what we use.

If you google form 94A offer to settle you will get the form we use and can see you just use the style of cause and then call it Offer to Settle.

The form you found must be an old version but I haven't seen it used.

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Customer reply replied 9 months ago
How do I determine the undisputed facts?

If you look at their pleadings if there are things you agree with then you list them.

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Customer reply replied 9 months ago
I am confused about what I need to file with the Trial Schedule Brief.
The Endorsement was completed by the Judge at the settlement conference. Do you know?
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Customer reply replied 9 months ago
I did, in fact, that is what I am using a guide. It says to prepare part 1 & 2 of the scheduling order but when I read it its confusing .

I know.

I have a sick kid (I have four and they are taking turns it seems) so I cannot help anymore tonight.

If you tell me your specific questions I can try and help in the morning.

But mainly, they want to know who the witnesses are, how long each of you will take etc. It is really for figuring out how many days you will need for the trial. But it is vital you don't miss any witnesses.

For more help you can sign up for a free trial here:

https://www.lexisnexis.com/ca/guidance/familylawontario/synopsis/130965:134061/Litigation/Trial-Management-Conferences

They will have precedents you can use.

Debra
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Category: Canada Law
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Customer reply replied 9 months ago
ok talk to you tomorrow
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