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Court Refuses to Allow Materials to be Filed Late and in Breach of a Court Order

Posted on July 24, 2018 | Posted in Civil Litigation, Five Liners

Royal Bank of Canada v. Sanders 2017 Ont SCJ

A case management judge had set a timetable, including a deadline for filing of responding motion material. The respondent did not comply with the deadline and sought leave to file a 2-volume motion record, factum, and book of authorities on the very day of the hearing. The motions judge refused to allow the material to be filed late, stating that “court orders must mean something. The evidence before me does not satisfy the test for leave to deliver materials late and in breach of a court order.”

 

Jonathan Speigel

 

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.

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