Ottawa Divorce .com Forums

User CP

New posts


  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
Thread Tools
Old 09-27-2010, 03:08 PM
Mominneed's Avatar
Mominneed Mominneed is offline
Senior Member
Join Date: Aug 2010
Location: Ontario
Posts: 137
Mominneed is on a distinguished road
Default Motion to Strike Pleadings

Does anyone have any experience with a motion to strike pleadings? My almost x owes me costs from a previous motion which have been owing for over 4 months. My lawyer tells me that next step if he doesn't pay is a motion to stike his pleadings.

How likely is it for a judge to actual strike a pleading and then do I get "whatever I want" or will the judge rule another way?

Will bad behaviour be considered in consider a motion to strike? Lying, criminal charges, possibly deportation, unreasonableness, not paying support etc.?

Does this mean a "final" divorce, property settlement and almost final custody/access until a motion to change?

Can costs be ordered in a motion to strike for all legal fees as would be done at trial?

Any insight and/or advice would be much appreciated. I'm trying not to get excited but I'm hopeful I'm almost at the end of the road - it's been so difficult already!
Old 09-27-2010, 08:12 PM
logicalvelocity logicalvelocity is offline
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity

It's very likely the court would strike their Financial pleadings for failure to pay the previous cost order. Pleadings dealing with custody and or access would survive for final disposition.

Security of Costs for future litigation would't be unreasonable considering.
Closed Thread

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On

Similar Threads
Thread Thread Starter Forum Replies Last Post
motion to strike document gumby Divorce & Family Law 6 05-28-2011 01:11 AM
Motion filed - What do I do? Fresh Starts Divorce & Family Law 5 05-18-2010 03:46 PM
Motion for disclosure independentgal Divorce & Family Law 0 03-24-2009 01:45 PM
Procedural Help LV McBroke Divorce & Family Law 5 01-22-2007 11:02 AM
Appropriate Procedure gooddadgoingmad Divorce & Family Law 4 02-19-2006 03:44 PM

All times are GMT -4. The time now is 07:25 AM.