Carpenter v. Carpenter

JurisdictionOntario
CourtCourt of Appeal (Ontario)
Judgevan Rensburg, J.A.
Citation2016 ONCA 313,[2016] O.A.C. Uned. 314 (CA),[2016] O.A.C. Uned. 314
Date27 April 2016
Subject MatterFAMILY LAW,PRACTICE

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7 practice notes
  • Court Of Appeal Summaries (January 12 ' 16, 2026)
    • Canada
    • Mondaq Canada
    • January 21, 2026
    ...c. 368 ("BIA Rules"), r. 31(1), Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 63.02(1)(b), r. 63.02(2), Carpenter v. Carpenter, 2016 ONCA 313, Royal Bank of Canada v. Soundair Corp. (1991), 4 O.R. (3d) 1, Shaver-Kudell Manufacturing Inc. v. Knight Manufacturing Inc., 2021 ONCA 202, Ma......
  • Chao v. Chao
    • Canada
    • Court of Appeal (Ontario)
    • September 12, 2017
    ...no other remedy would suffice”: Chiaramonte v. Chiaramonte, 2013 ONCA 641, [2013] O.J. No. 4790, at para. 31; Carpenter v. Carpenter, 2016 ONCA 313 (C.A., in chambers), at para. [36] Flynn J. was not prepared to strike out the husband’s pleadings. He dismissed the wife’s motion to strike th......
  • Holly v. Greco
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 18, 2018
    ...category of cases where the judge`s discretion to strike his pleadings was reasonably exercised. [40] In Carpenter v. Carpenter, 2016 ONCA 313, at paras. 19-20, van Rensburg J.A. observed: I accept that an order to strike pleadings is an exceptional order that should only be made as a last ......
  • Arias v. Barbieri
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 11, 2023
    ...party, has a responsibility to familiarize [themselves] with the procedures relevant to the case”: Carpenter v. Carpenter, 2016 ONCA 313, at para. [28]           Converting the motion to a motion for enforcement could have resulted in......
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5 cases
  • Chao v. Chao
    • Canada
    • Court of Appeal (Ontario)
    • September 12, 2017
    ...no other remedy would suffice”: Chiaramonte v. Chiaramonte, 2013 ONCA 641, [2013] O.J. No. 4790, at para. 31; Carpenter v. Carpenter, 2016 ONCA 313 (C.A., in chambers), at para. [36] Flynn J. was not prepared to strike out the husband’s pleadings. He dismissed the wife’s motion to strike th......
  • Holly v. Greco
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 18, 2018
    ...category of cases where the judge`s discretion to strike his pleadings was reasonably exercised. [40] In Carpenter v. Carpenter, 2016 ONCA 313, at paras. 19-20, van Rensburg J.A. observed: I accept that an order to strike pleadings is an exceptional order that should only be made as a last ......
  • Arias v. Barbieri
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 11, 2023
    ...party, has a responsibility to familiarize [themselves] with the procedures relevant to the case”: Carpenter v. Carpenter, 2016 ONCA 313, at para. [28]           Converting the motion to a motion for enforcement could have resulted in......
  • Clark v. Moxley
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 23, 2018
    ...[23]        The applicant submits that this matter is akin to the situation in Carpenter v. Carpenter, 2016 ONCA 313, where the Court of Appeal upheld the striking of a party’s pleadings for non-payment of costs.  This case is distinguishable f......
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1 firm's commentaries
  • Ontario Court Of Appeal Summaries (April 25-29, 2016)
    • Canada
    • Mondaq Canada
    • May 5, 2016
    ...meruit or unjust enrichment, would be tantamount to a refusal to apply s. 55, as found by the Divisional Court. Carpenter v. Carpenter, 2016 ONCA 313 [van Rensburg J.A.] Counsel: Gordon S. Campbell, for the moving party Jamie Lee Carpenter, acting in person Kenneth Younie, duty counsel for ......