What constitutes a "success" in a motion?
Ontario, Canada
The following excerpt is from A.C. v. G.K., 2015 ONCJ 399 (CanLII):
[19] Sometimes, however, a court is able to assess what represents “success” after a settlement is reached. In Kearley v. Renfro, 2012 ONSC 5391, the only issue before the court on a motion was the residency of three children; the mother agreed on the day scheduled for the motion and settlement conference that the children would go into their father’s care immediately. The court found that the father was substantially successful, and awarded him costs.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
On an interim motion, is it more likely that the court will grant a motion to allow the motion to be heard before trial? (Ontario, Canada)
Is a motion to dismiss a motion for malicious prosecution pursuant to Rule 20 successful? (Ontario, Canada)
What is the test for elevated costs of a motion for a motion to amend a motion? (Ontario, Canada)
Does a successful party have to reduce the costs of a successful motion for summary judgment? (Ontario, Canada)
What is the standard of review for a motion of no confidence in a motion to amend the terms of a motion? (Ontario, Canada)
Can a motion for leave to bring a derivative action to the successful party be successful? (Ontario, Canada)
Can a summary judgment motion (and, by analogy, on a s. 44(5) motion) be successful? (Ontario, Canada)
Can a motion to strike out an assault claim against a corrections guard be successful? (Ontario, Canada)
What is the threshold to maintain an objection to a motion of motion where the next step in the proceeding is documentary discovery? (Ontario, Canada)
What is the result of a motion to redact reference to settlement conference materials from the applicant's motion? (Ontario, Canada)
