Question. I filled a 4b back on December 30 and the hearing date is tomorrow. On Friday last week I received the Crown's Notice of Opposition, That's only 1 day (not counting day received), or 2 days (counting day received) before the hearing date. Does anyone happen to know how many days before the hearing date the Crown has to file notice of opposition to the applicant?
I was also thinking about bringing a motion, prior to the hearing, too have the Crown's entire notice excluded citing section 28(1) off the Canadian Evidence Act for failure to give notice of intention to produce a document in a reasonable time... 7 days prior to the date it's intended to be used. I do have the evidence (tracking history of the purolator package) that it was not sent in accordance with the act. Is this feasible?
Thanks to all in advance.
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