Is there a prohibition against bringing motions after a case has been placed on a trial list?
Ontario, Canada
The following excerpt is from Wehbe v. Wehbe, 2014 ONSC 6738 (CanLII):
The Family Law Rules (“FLR”) do not include a prohibition against bringing motions after a case has been placed on a trial list. In Smith v. Smith (22 November 2000), Ottawa, 95-FL-22621 (S.C.J. Ont.) I referred to the Rules of Civil Procedure (“Rules”) and to FLRs 1 and 2 and held:
"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)
Does a motion to restore an action to a trial list have to be heard before a jury? (Ontario, Canada)
What are the implications of a motion judge's decisions regarding the restoration of an action to the trial list under r.48.11 and the dismissal of an Action for Delay pursuant to r.24.01? (Ontario, Canada)
What is the test for elevated costs of a motion for a motion to amend a motion? (Ontario, Canada)
Does a party who brings the motion as well as the witnesses upon whom the moving/applying party relies have an obligation to present and present witnesses to the motion? (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)
What is the test for a motion to restore an action to the trial list? (Ontario, Canada)
What is the test for determining if a motion is a genuine issue requiring a trial based only on the evidence in the Motion Record? (Ontario, Canada)
Does leave of the court need to be obtained if the parties have consented to the matter being placed on the trial list? (Ontario, Canada)
What is the test for a motion of nonsuit motion in a civil case where there is no jury trial? (Ontario, Canada)
