AS OF MAY 2, 2015 - Change to Ontario Family Law Rules
Summary Judgment
Subrule 16(6.1) provides that in determining whether there is a genuine issue requiring a trial, judges may weigh evidence, evaluate credibility and draw reasonable inferences from the evidence.
Subrule 16(6.2) provides that a court may order that oral evidence be presented for the purpose of exercising any of the powers set out in subrule (6.1).
Subrule 16(10) which provided for a presumption of costs against an unsuccessful party has been revoked.
Subrule 16(11) which provided for costs of a motion on a full recovery basis where a party has acted in bad faith has been revoked.
While prepping for my settlement conference next week, I came across this info in a notice on the Family Law Rules Forms page.
Am I reading this right that unsuccessful motions and bad faith will no longer be used to determine costs?
It looks like things could be changing when it comes to trials too.
Can anyone comment on how Summary Judgements will be used to shorten the process and avoid trials when it is obvious one side is not being cooperative and lying?
Our case management judge made if VERY CLEAR at our last appearance that he wanted us to prepare detailed SC briefs and that he intends to make a FINAL order on custody for my toddler son.
I have filed all my materials on time but have received NOTHING from my ex or her lawyer (yesterday was the deadline). It took her six months to even file her answer to my initial application and she did that over the bench.
If she doesn't file anything prior to the SC and shows up anyways (has done this for 3 previous conferences) could the judge just make the final order for joint custody?
Thanks for any insights.
Summary Judgment
Subrule 16(6.1) provides that in determining whether there is a genuine issue requiring a trial, judges may weigh evidence, evaluate credibility and draw reasonable inferences from the evidence.
Subrule 16(6.2) provides that a court may order that oral evidence be presented for the purpose of exercising any of the powers set out in subrule (6.1).
Subrule 16(10) which provided for a presumption of costs against an unsuccessful party has been revoked.
Subrule 16(11) which provided for costs of a motion on a full recovery basis where a party has acted in bad faith has been revoked.
While prepping for my settlement conference next week, I came across this info in a notice on the Family Law Rules Forms page.
Am I reading this right that unsuccessful motions and bad faith will no longer be used to determine costs?
It looks like things could be changing when it comes to trials too.
Can anyone comment on how Summary Judgements will be used to shorten the process and avoid trials when it is obvious one side is not being cooperative and lying?
Our case management judge made if VERY CLEAR at our last appearance that he wanted us to prepare detailed SC briefs and that he intends to make a FINAL order on custody for my toddler son.
I have filed all my materials on time but have received NOTHING from my ex or her lawyer (yesterday was the deadline). It took her six months to even file her answer to my initial application and she did that over the bench.
If she doesn't file anything prior to the SC and shows up anyways (has done this for 3 previous conferences) could the judge just make the final order for joint custody?
Thanks for any insights.
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