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  • morag-janet-of-the-hill-family

    Member
    January 10, 2024 at 10:39 am

    You can do it either way. Once you have the agreement, the final affidavit is just evidencing that agreement and it is not essential to have the agreement stand. It is useful for court to evidence that they agree (when the affidavit remains unrebutted) with you that the agreement has been obtained. Suggestion, complete it in time to give them the opportunity to rebut it before court. Send it to them 21 days before court, so they have ample opportunity to rebut it. Make sure you get a certified true and correct copy made. Then you can submit it to court as an exhibit to a court affidavit.

  • Brandon-Nicholas

    Member
    January 10, 2024 at 4:07 pm

    Thanks Morag. That’s how I understood it but just wanted to make sure.

    Question; Why would I give them 21 days? Don’t you only have to give them a minimum of 3 days? And doesn’t Mark always say to make sure your affidavit is the last one in?

    Couldn’t I file and serve the affidavit 3 days before the hearing and then that way any affidavit they file after that 3 day mark I can demand it be struck out or request an adjournment?

    • morag-janet-of-the-hill-family

      Member
      January 10, 2024 at 6:12 pm

      If you give them 21 days they cannot question that you have behaved honourably or even suggest that you have behaved dishonourably in any way as you have given them ample opportunity to rebut the affidavit in any way they might choose to. It’s not essential, but it ensures your standing is as formidable as it can be.

      • Brandon-Nicholas

        Member
        January 11, 2024 at 6:37 am

        Ok cool. Yes that makes sense. Thanks Morag 🙂