What is the test for extending the time provided for a peremptory order?

Ontario, Canada


The following excerpt is from Jourdain v. Ontario, 2008 CanLII 22130 (ON SC):

Counsel further relies on the decision in Symbol Yachts v. Canada [See Note 2 below] as authority that while the court has the jurisdiction to extend the time provided for a peremptory order which has not been complied with, failure to comply with such an order is generally considered to be contumelious conduct, and therefore there is a presumption that the party ought not to be allowed to proceed following a breach of a peremptory order. Counsel argues that the conduct of the plaintiffs in serving amended materials two days before the scheduled date for the defendants to file their materials in the original motion is such conduct.

Other Questions


What is the test for a court to order a temporary order or custody order in a custody matter? (Ontario, Canada)
What are the consequences of a Director's Delegate's Order and Order to quash or to set aside or quash the two orders and decisions? (Ontario, Canada)
In what circumstances will a court order a preservation order for a business owner who has not provided sufficient financial information to support his wife? (Ontario, Canada)
What is the test to prove that continuation of a support order would be continuation of the order if the support order is not inconsistent or absurd? (Ontario, Canada)
When one parent is subject to a deportation order, can the court order a non-removal order? (Ontario, Canada)
What is the test for lifting a stay of execution on a motion to lift an order that would have lifted the stay of an order requiring the lifting of the order? (Ontario, Canada)
When will a court order an interim order to place a temporary order on a temporary parent? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
What are the factors to be considered by the court on a motion arising out of a failure to comply with a peremptory order? (Ontario, Canada)
What is the test for making an access order for a child in extended society care? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.