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I was served with a family contempt motion which took place…

Customer Question
I was served with a...
I was served with a family contempt motion which took place on March 6rd, and my then lawyer waited until the last minute and replied on March 3rd with my cross motion and affidavit. The judge was quite upset about that and brought it up many times. What was the deadline to serve the reply and cross motion under the Ontario family law rules?
Submitted: 8 months ago.Category: Canada Law
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Answered in 12 minutes by:
12/17/2017
Lawyer: Ulysses101, Lawyer replied 8 months ago
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,757
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
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Hello, thank you for the question.

That was in March of this year?

Had there been a case conference? Was there any urgency to your motion?

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Customer reply replied 8 months ago
this year, there was a case conference but this was a few years ago, there was no urgency, in fact I was served in January
Lawyer: Ulysses101, Lawyer replied 8 months ago

Your lawyer did serve the documents in time, albeit at the last minute.

Well, the affidavit in response to the contempt motion was in time. The cross motion was technically late.

I'm sure that your lawyer thought "well, we're in court on March 6 anyway and I have to file materials, so I'll do a motion too" which is logical, but not of the cross motion was something complicated that needed a response to it. The judge might have seen that as just a delaying tactic on your lawyers part.

Does that make sense?

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Customer reply replied 8 months ago
do you have the written rules of Ontario in regards ***** ***** deadlines?
Customer reply replied 8 months ago
specific deadlines, such as affidavits to reply are due x days before..., cross motion material is due x days before...
Lawyer: Ulysses101, Lawyer replied 8 months ago

Was your cross motion for contempt as well?

Were you in Ontario Court, Superior Court or Unified?

Were you in Toronto?

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Lawyer: Ulysses101, Lawyer replied 8 months ago

And I have to ask, if it was so long ago what leads you to ask about this now?

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Customer reply replied 8 months ago
It was in Family court as mentioned in my question and there was no contempt cross motion, just a cross motion.
Lawyer: Ulysses101, Lawyer replied 8 months ago

Well, what was the cross motion seeking? There are different types of motions.

What level of court were you in, and was it in Toronto?

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Customer reply replied 8 months ago
This was not in Toronto and it was family court, superior court. I do not want to go into more details on a public forum, can you just cite me the rules about deadlines, this is all I am asking
Lawyer: Ulysses101, Lawyer replied 8 months ago

https://www.ontario.ca/laws/regulation/990114

Rule 14(11)

I'll wait for your comment or question ongoing, I'm here.

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Lawyer: Ulysses101, Lawyer replied 7 months ago

Did that help? Anything more to discuss?

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