Andrew John Bala

This urgent motion concerned a parenting dispute over parenting time and decision-making for two children.

The respondent father sought increased parenting time, alleging the applicant mother was unjustifiably denying it.

The mother filed an affidavit that the court found to be non-compliant with evidentiary rules, mixing facts, opinions, and submissions.

The court granted the father interim parenting time and struck the mother's affidavit, emphasizing the importance of proper affidavit evidence in family law proceedings.

The father was also granted costs.

An estate trustee sought to strike out a beneficiary's notice of objection to accounts on the grounds that the objections were barred by the two-year limitation period under the Limitations Act, 2002.

The court held that a notice of objection to accounts filed in response to an estate trustee's application to pass accounts does not commence a proceeding within the meaning of the Limitations Act and therefore is not subject to the basic two-year limitation period.

The court dismissed the appeal and ordered the estate trustee to pay costs personally, finding his motion to strike was unreasonable and designed to delay the passing of accounts hearing.