What is the threshold requirement for an aggrieved party to bring a motion for a reconsideration of a decision made by the Respondent Father?

Ontario, Canada


The following excerpt is from Dnaagdawenmag Binnoojiiyag Child and Family Services v. V.S. et al, 2021 ONSC 5562 (CanLII):

Moreover, I note that the Respondent Father did not proceed promptly, taking more than two months to bring his reconsideration motion: see Grey v. Rizzi where Boswell J. noted at para. 43 that, “But having said that, once again, a threshold requirement to the exercise of the court's inherent discretion is that the aggrieved party act with diligence once the information came to light.” In this case, the Respondent Father had stated through his counsel as early as December 16, 2020 that he intended upon appealing my decision because he felt that it was wrong; this was reflected in the endorsement from that date. It took counsel more than two months, until March 8, 2021, to bring the reconsideration motion and then it was further delayed by the father’s recusal motion which was ultimately abandoned well after argument. In my view, the Respondent Father did not act with diligence in bringing this matter before the court.

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