Event and Time
Event Description
In a major complex financial proceeding under the Family Law, the husband sought an extension to file and serve his trial affidavit, while the litigation guardian needed time to prepare points of defense in response to the applicant's amended points of claim.
Application and Claims
- Husband's Claim: The husband's solicitor argued for more time, stating that the requisite affidavit would not be ready by the original deadline of August 25, 2022. The solicitor expressed concern over a potential misunderstanding regarding scheduling as the husband reportedly understood he had until August 30, 2022.
- Litigation Guardian's Claim: The litigation guardian's representative contended they could not submit a defense until the trial commenced. They suggested an indefinite delay after the trial's start for filing the defense.
Judicial Decisions
The court extended the deadline for the husband to file his trial affidavit to August 30, 2022, and set a deadline for the litigation guardian to file and serve points of defense by August 31, 2022. The order reflects the need for timely disclosures to facilitate trial preparation.
Dispute Points and Legal Basis
Dispute Points
- Husband's Position:
- Claimed he required additional time for his trial affidavit. - Stated that the current deadline was truncated from an originally understood date.
- Litigation Guardian's Position:
- Argued that a defense could not reasonably be prepared prior to the trial. - Suggested allowing time for defense submission until after the trial's initiation.
- Counterarguments: Justice Wilson underscored the necessity of timely pleadings for fair notice, indicating that delaying the defense until the trial would serve no useful purpose.