What remedies are available if a party refuses to obey an order made on motion?

Ontario, Canada


The following excerpt is from Wamsley v. Moore, 2003 CanLII 2269 (ON SC):

This proceeding is not governed by the Family Law Rules, but I note that Family Law Rule 14(23) provides, Failure to obey order made on motion – A party who does not obey an order that was made on motion is not entitled to any further order from the court unless the court orders that this subrule does not apply, and the court may on motion, in addition to any other remedy allowed under these rules, (a) dismiss the party’s case or strike out the party’s answer or any other document filed by the party; (b) postpone the trial; (c) make any other order that is appropriate, including an order for costs. As noted by Morden J. in Forrest v. Lacroix, at paragraph [69], “...it makes eminent sense to interpret rules 60.05 and 60.11(1) [Rules of Civil Procedure] in harmony with the corresponding provisions in the Family Law Rules.”

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