What is the test of putting the "best foot forward" in a motion to dismiss child support claims?
Ontario, Canada
The following excerpt is from CAS v. M.C. et al, 2017 ONSC 7132 (CanLII):
[22] In Bruvels v. Guindon, a motion by the respondent to dismiss claims for child support for the applicant’s children from a former relationship, the applicant asserted that the respondent stood in loco parentis to the children. Both parties filed affidavits, but the motions judge held that the applicant’s did not set out an evidentiary basis showing the existence of a genuine issue for trial. She had failed to address many of the pertinent points and her allegation alone could not fill the gap. The test of putting the “best foot forward” was adopted.
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