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People also ask
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How do you respond to a motion in Ontario?
To respond to a motion you must complete the following forms: Form 14A: Affidavit (General) ... an updated Cumulative Table of Contents in the Continuing Record. ... an updated Financial Statement (Form 13, Form 13.1, or Form 14A) if the motion relates to child support, spousal support, or property.
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What happens if the respondent does not file a response in Ontario?
Failing to file an answer in response to a statement of claim can have serious consequences for defendants in Ontario. These consequences may include a default judgment being granted to the plaintiff, monetary awards, injunctions or other court orders, which can be difficult to set aside or appeal.
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Does a lawyer have to give you your file in Ontario?
Solicitor's Liens. Rule 3.7-9 of the Model Code provides that when a lawyer is discharged or withdraws, the lawyer must deliver to the client all papers or property to which the client is entitled. However, this requirement is subject to the lawyer's right to claim a lien.
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What is a motion in Ontario court?
If you want to ask the judge for a temporary order, you can serve and file a motion. For example, you may want an order from a judge regarding decision-making for your child.
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What is a motion substituted service in Ontario?
If you can't find the other party or they are avoiding you, a judge may let you serve the documents in another way. This process is called substituted service. Some examples include: sending a copy to a relative of the other party they are close to.
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How do I file a notice of motion in Ontario?
Complete a Form 14 (Notice of Motion) and a Form 14A (Affidavit). In Form 14, you will list the orders that you are requesting at the motion. In Form 14A, you will include your evidence and explain why you want the court to make the orders you are asking for in your motion.
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What is form 8A affidavit of service in Ontario?
The person who served the document must fill out an Affidavit of Service [Form 8A] setting out who was served, and when and how service was made. Generally, you are not required to file the affidavit of service with the court until you are ready to proceed with your next step, or a judge orders that it must be filed.
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How do you note a defendant in default in Ontario?
If the defendant fails to file a defence with the court and at least 20 days have passed since you served the claim, you can fill out and file a Request to Clerk [Form 9B] asking the clerk to note the defendant in default.
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