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.
Get a full legal research memo!
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.