What is the effect of undertaking in a return order application?
Ontario, Canada
The following excerpt is from Achakzad v. Zemaryalai, 2010 ONCJ 318 (CanLII):
[22] Despite the suggestion in Finizio v. Scoppio-Finizio that undertakings could provide a useful tool to control risk of harm flowing from orders of return, later Canadian cases have given scant attention to the issue of when and how undertakings might actually mitigate a risk of harm of a return order in cases of documented domestic violence.[10]
"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
Does imposition of undertakings have a mitigating effect on a return order? (Ontario, Canada)
What undertakings might have been imposed in a return order application? (Ontario, Canada)
Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (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)
What is the effect of a delay in making an application for a non-contact hockey league application? (Ontario, Canada)
How have the courts dealt with an application where the applicant's disrespectful behaviour was so extreme that the application was dismissed as abuse of process? (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 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)
When will a court order an interim order to place a temporary order on a temporary parent? (Ontario, Canada)
What is the effect of an appeal from the order of the original motion judge, set aside the order dismissing the action and granted leave to amend the statement of claim as against Larkin? (Ontario, Canada)
