What if nothing happens after the Notice of Motion to Vary is filed?
The court discourages unnecessary delay. If nothing has happened on your court file in 200 days from the filing date of the Notice of Motion to Vary, a Notice of Dismissal is issued by the case management co-ordinator. The notice indicates that the case will be dismissed unless one of the parties contacts the court to schedule a case conference or hearing, or files the necessary court documents to conclude the case within 30 days of the notice mailing date. If the parties do not take action after receiving a Notice of Dismissal, a Dismissal Order is issued. To restart your case after a Dismissal Order has been made, a Notice of Motion must be filed to set aside the Dismissal Order and allow the Notice of Motion to Vary to proceed. Part C includes an example of a notice of Motion. This is a document that you have to create, following the format in the example. Make sure you read and follow the Rules for Preparing Court documents found in Part C.
