12.51: Appearance before the Court

Case Summary

At the beginning of Trial, the Plaintiff in a family law Action submitted that the only issue to be resolved was in respect of child support. However, the unrepresented Defendant, who had failed to provide any information about what he considered to be in issue during Case Management, argued that parenting issues as well as spousal support issues should be determined at Trial.

In ascertaining which issues were properly before the Court, Read J. held that Rule 12.51 “gives the Court wide powers and discretion”. Noting that a Case Management Order contemplated that the issues to be determined at Trial included child support and parenting arrangements, Read J. accepted that parenting issues were properly before the Court in addition to child support issues. However, Read J. held that issues concerning spousal support would not be resolved at Trial, as the Defendant failed to bring an Application for the determination of that issue, and the late addition of spousal support to the issues to be determined at Trial would prejudice the Plaintiff. The issues were mostly resolved in the Plaintiff’s favour.

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