When will the court extend the time for the mother to file her costs?
Ontario, Canada
The following excerpt is from E.H. v. O.K., 2018 ONCJ 531 (CanLII):
[10] The court will lengthen the time for the mother to file her costs submissions for the following reasons: a) A short delay in providing costs submissions should not preclude a party from having their position considered, especially when there is no prejudice to the other side. See: Sidhu v. Knight, [2016] ONSC 8166, paragraph 19. b) The mother was only 5 days late in serving her costs submissions. c) The mother provided a reasonable explanation for the late service of her costs submissions. The legal assistant for the mother’s counsel deposed that the late service was due to her inadvertence. She mistakenly thought that the court had extended the filing deadline for the costs submissions until July 18, 2018 – when it had only been extended until July 11, 2018. The filing extension had been sought because the mother’s counsel had been on vacation until July 16, 2018. d) There is no prejudice to the father in granting the extension sought by the mother. e) It would not be just to deprive the mother of her costs due to the inadvertence of her counsel.
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