HORSWILL v GREY

The Plaintiff sought retroactive and ongoing child support, enforcement of a promissory note, and continuation of a Restraining Order (the “Application”).

Justice Reed noted that the Plaintiff’s claims for child support required further evidence, as the current record was insufficient to determine the parties’ incomes and extraordinary expenses. However, it would be inappropriate, in the circumstances, when it had taken the parties years to reach this point in their litigation, to dismiss the Application and force the Plaintiff to re-file materials which clearly existed. Doing that would cause further delay in the proceeding.

Referring to Rule 8.24, which permits the Court to “proceed with the trial subject to the fact or record being proved as ordered by the Court,” Justice Reed directed the parties to file further evidence and continue the Trial.