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Category: Canada Law
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What is a time limit in responding to an affidavit? And also

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What is a time limit in responding to an affidavit? And also should the respondent answer to my affidavit? What are regulations in that sense? If the respond and didn't reply to my affidavit does it means that I win the he case by default? Could you help me with this please?
JA: What province are you in? It matters because laws vary by location.
Customer: Ontario
JA: Has anything been filed or reported?
Customer: Yes
JA: Anything else you want the Expert to know before I connect you?
Customer: No

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

What did you apply for?

What is the level of court?

Is this a family law issue or a civil law issue?

Customer: replied 20 days ago.
Hello

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

What did you apply for?

What is the level of court?

Is this a family law issue or a civil law issue?

Customer: replied 20 days ago.
Civil issue

You still missed some of my questions.

I may have to continue in about 90 minutes. I am sorry but I have to drive a kid to school. I didn't think I would have to wait to answer.

Please answer all the questions and I will reply back just after 9.

Customer: replied 20 days ago.
The level of the court is Superior court of justice.
I am against corporation of the city, hence civil law issue. I have filed affidavit and I would like to know answers to my questions please.
Thank you
Customer: replied 20 days ago.
effectively I am the plaintive and the defendant is the cooperation on the city.

What is the affidavit for?

Do you mean you served them with a claim and filed the affidavit of service?

Customer: replied 20 days ago.
Customer: replied 20 days ago.
I need to know if I should wait for the respond then how long
Customer: replied 20 days ago.
what if they don't respond on my affidavit. Does it considered that I win by default

They have 20 days to serve you with a statement of defence. If the want to they can serve you with a notice of intent to defend that buys them 10 more days.

So if you receive nothing yo can note them in default on day 21.

Does that help?

Customer: replied 20 days ago.
I have passed all these stages. I wanted to add additional info into my affidavit.
Customer: replied 20 days ago.
What in this case

I don't understand.

Did you note them in default and you now want to add something to your claim?

Customer: replied 20 days ago.
I didn't default yet. I needed to know as how long I have to wait. However I wanted to add additional info in my affidavit and my question is should I wait for their response and if the answer is yes then how long
Customer: replied 20 days ago.
if they don't respond what does it mean for me
Customer: replied 20 days ago.
Sorry if I am not clear

I don't know what you mean by adding something to your affidavit. Do you mean you want to add additional points in your statement of claim? When did you serve it and have they ever replied back?

Customer: replied 20 days ago.
Ok.
Let's forget all above. My question is
Is the defendant the obligated to reply on my affidavit and how long I have to wait.

But I don't know what the affidavit is for. If you are talking about the claim you can note them in default. If you were talking about something else because you're bringing a motion then yes they have to reply back to the motion application or you will win by default.

Customer: replied 20 days ago.
1. Do you know where I can get a book on Legal Maxims?
2. is there a Legal maxim that states "An unrebutted affidavit stands as truth in commerce."
3. Is there a legal maxim that states" An unrebutted affidavit is acted upon as the judgement in commerce".
4. Where or what book can I get these legal maxims?

No there is no such maxim and I don't know where you can get such a book.

But in law if someone has to respond and doesn't they are presumed to have admitted the allegations.

Customer: replied 20 days ago.
Thank you for your help

You are very welcome.

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