What Happens if a Party did not Receive a Document or it was Received Late?

If a party did not receive a document that was supposed to have been served on them under Rule 8, or was received after the specified time frame allowed under the Rules, the party can bring a motion to the court for the order they need in the circumstances.

For example: Where a defendant does not receive the claim but receives a default judgment from the court, they may wish to bring a motion to set aside the default judgment and an extension to file a defence. If a defendant receives a notice of motion less than 7 days before a hearing date, they may request an adjournment in order for them to have more time to prepare.