Ottawa divorce lawyer wants you to know some of the most important details when it comes to divorce.
If the lender fails to hand over the defendant’s papers, either personally or through a third party, who undertakes to hand them over, which may be among the persons in whom he lives in the same household – not a neighbor – not a relative who accidentally has found at the defendant’s home when the doorman has come to hand over the papers, at the order of the court, he sticks a message on the door of the defendant’s home to appear in court to receive the documents intended for him. At the same time, the court checks whether the address given in the application is the defendant’s current or permanent address. If this is the address, the message can be served by pasting.
In case the court finds that the address indicated in the application differs from the defendant’s current and / or permanent address, the order is ordered to be served at the defendant’s current / permanent address. If he is not found there, or a third person is found to agree to receive the papers addressed to the defendant, with an obligation to hand them over, the doorman proceeds to serve the message by sticking it.
In order to arrive at this order of service, the doorman has to visit the address at least three times within about a month, at different times, on attendance and non-attendance days, and if in all these circumstances, he or she could not find the defendant, then should begin delivering the message by pasting it.
Within two weeks of the message being passed, the defendant must appear in court to receive the documents. After the expiry of this period, even if the defendant did not appear in court and did not receive the documents, it is considered that they were duly served on him. If the defendant did not appear in court to obtain the documents intended for him, the court appoints a special representative – this is the official lawyer to represent the defendant in the case. The attorney’s fee is paid by the claimant and its amount is determined by the court.
After the deadline for responding to the petition has expired, the court shall set a day and time to hear the case in open court and send a notice thereof to the parties.
The plaintiff must appear in person at this hearing. He may also be represented by a lawyer with an explicit power of attorney to appear for him at the first hearing, but for his inability to appear in person there must be good reason – for example, to work and live remotely. If the court considers that there is good reason for the case to be heard in the absence of the applicant, the proceedings shall continue. However, it is possible for the court to postpone the case to another date and require the applicant to appear in person.