Next step after no Answer

The Form 23C is an Affidavit for Uncontested Trial, and before taking the time to prepare, serve and file same, one would want to communicate with the Trial Co-ordinator to ensure that your Application has been adjourned to the Uncontested Hearing and then once you have that date and only then would you prepare, serve and file a Form 23C … at least, that is what one would do in Southwestern Ontario. Before you adjourn your application to an uncontested hearing you would want to consult with a lawyer to ensure that you have all necessary evidence to support the claims you are making and so that you will be successful at the hearing. There may be certain information and disclosure you need from the other party and he/she may not be providing same, and in which case you consult with a lawyer to determine how to approach that situation. You cannot adjourn the court application to a Case Conference unless the case is defended, ie, the other party has served and filed an Answer and therefore only if the matter is a defended case would you ask for a Case Conference.