Can a court entertain a motion for dismissal for delay in a family law matter?

Ontario, Canada


The following excerpt is from Tambeau v. Martin, 2020 ONSC 2483 (CanLII):

A court could also entertain a motion for dismissal for delay in a family law matter as part of r. 2(3), which requires the court to deal with cases justly and consistently, with the court’s duty in r. 2(4) to promote that primary objective. See: Furtney Estate v. Furtney, 2013 ONSC 6687, 235 A.C.W.S. (3d) 667, at para. 80

Other Questions


On an interim motion, is it more likely that the court will grant a motion to allow the motion to be heard before trial? (Ontario, Canada)
What is the test for a court to award costs in a family law matter? (Ontario, Canada)
When will the court entertain a motion to change a temporary support order after a settlement conference? (Ontario, Canada)
What are the reasons for a motion to dismiss this action for delay? (Ontario, Canada)
What are the implications of a motion judge's decisions regarding the restoration of an action to the trial list under r.48.11 and the dismissal of an Action for Delay pursuant to r.24.01? (Ontario, Canada)
What constitutes evidence of prejudice in a motion to dismiss for delay? (Ontario, Canada)
What is the impact of a court's consideration of time spent preparing for, travelling to and attending court on a motion? (Ontario, Canada)
What is the test for dismissing a motion for delay? (Ontario, Canada)
Can a motion for summary judgment be dismissed or adjourned if there are outstanding undertakings on the motion? (Ontario, Canada)
Can a motion to dismiss for delay be successful? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.