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Failure to serve acknowlegedment of service in JR claim

Failure to serve acknowlegedment of service in JR claim

Postby south1 » Thu Jan 15, 2015 6:22 am

If in a judicial review claim the defendant failed to serve on the claimant within 7 days its acknowledgement of service. And a consequence the claimant was not able to reply to it before the permission to issue judicial review proceeding is refused on paper. I would like to know if the claimant can say that he should not be ordered to pay the cost of drafting the acknowledged of service because of this failure
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Re: Failure to serve acknowlegedment of service in JR claim

Postby atticus » Thu Jan 15, 2015 7:02 am

Are you postulating that an acknowledgment of service might not be filed on time, but will be filed late?

Parties may make any submissions on costs that they wish.
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Re: Failure to serve acknowlegedment of service in JR claim

Postby south1 » Thu Jan 15, 2015 9:23 am

An acknowledgment of service should be filed by the defendant within 21 days of receiving the claim form for judicial review and it should be served on the claimant within 7 days

A party make the submission on costs that it wishes but the other party can also try to find argument to oppose it
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Re: Failure to serve acknowlegedment of service in JR claim

Postby atticus » Thu Jan 15, 2015 9:43 am

That is correct ... and the Court will decide.
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