What is the test for a final order in a family law case?
Ontario, Canada
The following excerpt is from Children’s Aid Society of Toronto v. L.S., 2015 ONCJ 527 (CanLII):
[54] Prior to the recent amendments to Rule 16 of the Family Law Rules, once a judge found a genuine issue for trial, that issue had to be sent to trial. A judge was not to find facts, weigh evidence or draw factual conclusions. See Aguonie v. Galion Solid Waste Material Inc. (1998), 38l O.R. (3d) 161. Conversely, if a judge found no genuine issue for trial, she was to make a final order.
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