Burke v. Poitras, 2018 ONCA 1025
Jurisdiction | Ontario |
Judge | Juriansz,Brown,Roberts |
Docket Number | C65537 |
Court | Court of Appeal (Ontario) |
Date | 13 December 2018 |
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20 practice notes
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Court Of Appeal Summaries (October 12-15, 2021)
...responsibility and parenting time, the decision to strike the appellant's answer was confirmed by the Court in Burke v. Poitras, 2018 ONCA 1025. The matter proceeded as an uncontested The trial judge awarded the respondent child and spousal support including substantial arrears, an equaliza......
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Court Of Appeal Summaries (October 12-15, 2021)
...responsibility and parenting time, the decision to strike the appellant's answer was confirmed by the Court in Burke v. Poitras, 2018 ONCA 1025. The matter proceeded as an uncontested The trial judge awarded the respondent child and spousal support including substantial arrears, an equaliza......
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Table of Cases
...No 2324, 2003 BCSC 1564.......................................................................................... 262 Burke v Poitras, 2018 ONCA 1025..............................................................................................................................597 Burke v Poit......
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Evidence; Procedure; Costs
...he failed to pay ongoing, interim periodic child and spousal support). 102 Paul v Paul, [2000] SJ No 780 (QB). See also Burke v Poitras, 2018 ONCA 1025 (settlement 103 Firestone v Firestone (1975), 5 OR (2d) 659 at 664 (HCJ). 104 Bartkowski v Bartkowski, [2003] BCJ No 720 (SC). 105 Re Paul ......
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11 cases
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Marmer Penner Inc. v. Purcaru,
...relied on two cases to support his opinion that such an order could be obtained from the settlement conference judge: Burke v. Poitras, 2018 ONCA 1025, and Desai v. Desai, 2019 ONSC [107] Both cases referred to by Mr. Niman were decided more than ten years after the ......
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T. v. D., 2019 ONSC 644
...purpose of the Family Law Rules, to ensure fairness, save time and expense and give appropriate resources to the case: Burke v. Poitras, 2018 ONCA 1025 at para. 7. The utmost caution must be used before striking a party’s pleading as it relates to custody and access, since a full evidentiar......
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C.A. v. K.G., 2019 ONSC 2571
...[114] Providing full financial disclosure is the most basic obligation in family law. In Burke v. Poitras, 2018 ONCA 1025 at para 11-12 the court addressed this obligation: 11 It is well-established that the most basic obligation in family law is the part......
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Gough v. Gough, 2019 ONSC 5441
...is hereby struck, and the issue of child support will proceed today on an uncontested basis. b. Parenting [28] In Burke v. Poitras, 2018 ONCA 1025, the Ontario Court of Appeal reminded us that the power to strike a party’s pleadings, which would result in a parent being unable to participat......
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5 firm's commentaries
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Court Of Appeal Summaries (October 12-15, 2021)
...responsibility and parenting time, the decision to strike the appellant's answer was confirmed by the Court in Burke v. Poitras, 2018 ONCA 1025. The matter proceeded as an uncontested The trial judge awarded the respondent child and spousal support including substantial arrears, an equaliza......
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Court Of Appeal Summaries (October 12-15, 2021)
...responsibility and parenting time, the decision to strike the appellant's answer was confirmed by the Court in Burke v. Poitras, 2018 ONCA 1025. The matter proceeded as an uncontested The trial judge awarded the respondent child and spousal support including substantial arrears, an equaliza......
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Ontario Court Of Appeal Summaries (December 10 14, 2018)
...53, [2014] S.C.R. 633, Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37, [2016] 2 S.C.R. 23 Burke v. Poitras, 2018 ONCA 1025 Keywords: Family Law, Civil Procedure, Orders, Enforcement, Striking Pleadings, Settlement Conferences, Disclosure, Custody and Access, Fa......
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Addressing Non-Compliance With Court Orders In Family Law: Recent Court Of Appeal Guidance
...For example, the Court of Appeal has affirmed the striking of pleadings in certain circumstances: Burke v. Poitras, 2018 ONCA 1025 [amended to allow issues of custody and access] https://canlii.ca/t/hwklc; Roberts v. Roberts, 2015 ONCA 450, https://canlii.ca/t/gjlc2. In other situations, Co......
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4 books & journal articles
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Evidence; Procedure; Costs
...he failed to pay ongoing, interim periodic child and spousal support). 102 Paul v Paul, [2000] SJ No 780 (QB). See also Burke v Poitras, 2018 ONCA 1025 (settlement 103 Firestone v Firestone (1975), 5 OR (2d) 659 at 664 (HCJ). 104 Bartkowski v Bartkowski, [2003] BCJ No 720 (SC). 105 Re Paul ......
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Table of Cases
...No 2324, 2003 BCSC 1564.......................................................................................... 262 Burke v Poitras, 2018 ONCA 1025..............................................................................................................................597 Burke v Poit......
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Table of cases
...BCJ No 2324, 2003 BCSC 1564 .........................................................................................248 Burke v Poitras, 2018 ONCA 1025 ............................................................................................................................564 Burley v B......
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Evidence; procedure; costs
...he failed to pay ongoing, interim periodic child and spousal support). 95 Paul v Paul, [2000] SJ No 780 (QB). See also Burke v Poitras, 2018 ONCA 1025 (settlement conference). Evidence; Procedure; Costs 565 Pleadings that are scandalous or tend to embarrass or prejudice or delay a fair tria......