Burke v. Poitras,

JurisdictionOntario
JudgeJuriansz,Brown,Roberts
Citation2018 ONCA 1025
Docket NumberC65537
CourtCourt of Appeal (Ontario)
Date13 December 2018

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23 practice notes
  • Court Of Appeal Summaries (October 12-15, 2021)
    • Canada
    • Mondaq Canada
    • October 19, 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......
  • Court Of Appeal Summaries (October 12-15, 2021)
    • Canada
    • Mondaq Canada
    • October 19, 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......
  • Evidence; procedure; costs
    • Canada
    • Irwin Books Archive Child Support Guidelines in Canada, 2020
    • June 23, 2019
    ...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......
  • Evidence; Procedure; Costs
    • Canada
    • Irwin Books Child Support Guidelines in Canada, 2024
    • Invalid date
    ...he failed to pay ongoing, interim periodic child and spousal support). 104 Paul v Paul, [2000] SJ No 780 (QB). See also Burke v Poitras, 2018 ONCA 1025 (settlement Child Support Guidelines 2024.indb 613 Child Support Guidelines 2024.indb 613 11/18/2024 10:46:24 AM 11/18/2024 10:46:24 AM 614......
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12 cases
  • R v M.P.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • September 5, 2024
    ...of both parents to have a fulsome evidentiary record for making parenting decisions in a child's best interests: Burke v. Poitras, 2018 ONCA 1025 at para 18; D.D. v. H.D., 2015 ONCA 409 at para 1. In light of the important parenting issues in the family case, I respectfully disagree with th......
  • Marmer Penner Inc. v. Purcaru
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 14, 2021
    ...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 ......
  • T. v. D.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 24, 2019
    ...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......
  • C.A. v. K.G.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 26, 2019
    ...[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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5 firm's commentaries
  • Court Of Appeal Summaries (October 12-15, 2021)
    • Canada
    • Mondaq Canada
    • October 19, 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......
  • Court Of Appeal Summaries (October 12-15, 2021)
    • Canada
    • Mondaq Canada
    • October 19, 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......
  • Ontario Court Of Appeal Summaries (December 10 – 14, 2018)
    • Canada
    • Mondaq Canada
    • December 20, 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......
  • Addressing Non-Compliance With Court Orders In Family Law: Recent Court Of Appeal Guidance
    • Canada
    • Mondaq Canada
    • November 3, 2021
    ...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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6 books & journal articles
  • Evidence; procedure; costs
    • Canada
    • Irwin Books Archive Child Support Guidelines in Canada, 2020
    • June 23, 2019
    ...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......
  • Evidence; Procedure; Costs
    • Canada
    • Irwin Books Child Support Guidelines in Canada, 2024
    • Invalid date
    ...he failed to pay ongoing, interim periodic child and spousal support). 104 Paul v Paul, [2000] SJ No 780 (QB). See also Burke v Poitras, 2018 ONCA 1025 (settlement Child Support Guidelines 2024.indb 613 Child Support Guidelines 2024.indb 613 11/18/2024 10:46:24 AM 11/18/2024 10:46:24 AM 614......
  • Evidence; Procedure; Costs
    • Canada
    • Irwin Books Child Support Guidelines in Canada, 2022
    • July 27, 2022
    ...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 ......
  • Table of cases
    • Canada
    • Irwin Books Archive Child Support Guidelines in Canada, 2020
    • June 23, 2019
    ...BCJ No 2324, 2003 BCSC 1564 .........................................................................................248 Burke v Poitras, 2018 ONCA 1025 ............................................................................................................................564 Burley v B......
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