Defendant asking to file a new Defence...

[hardtotop]

Hi,

I started a claim last November.

February the Court sent a small claims hearing notice, and gave directions to file submissions by 22nd March, 20th July is the hearing.

I filed mine on time, and several weeks after queried why they had not filed anything. This follows emailing them to request confirmation of exact times on the day exchange of submissions was due, according to the order.

Turns out the Court failed to send them a hearing notice, for some odd reason.

Now they've hired representation, and just sent me an application, which requests a bunch of new dates, and also permission to file a completely different Defence. The new dates are basically resets of all the previous deadlines for their Defence and submissions.

This seems wholly unfair to me. not only have they gamed the system so that they can file submissions having had mine for over two months, but now they want leave to file a new Defence.

Hearing is in 8 weeks. Hearing fee already paid.

What can I do in this situation? I object to basically everything they have asked for in their application, and want to know what my grounds are for objecting?

[hardtotop]

BUMP...

[atticus]

What do you consider to be your grounds for objecting? Have you seen the proposed amended defence? How different is it, what new issues does it seek to raise?

[hardtotop]

It completely changes their argument, and it also stares it should be allowed as it is a "complete defence" when it really is not and they are only saying this to try to get it to be allowed, imo.