2 total
The court dismissed a motion for summary dismissal of an adult child's dependant's relief claim based on unpaid child support.
The defendant brought a motion for summary dismissal under Rule 2.1.01, arguing that the plaintiff's claim for dependent's relief was frivolous and an abuse of process.
The plaintiff, a 37-year-old adult, sought support from her late father's estate based on his failure to provide financial assistance since childhood, relying on a 1998 child support order.
The court dismissed the motion, finding that the claim was not clearly frivolous on its face and that the plaintiff raised arguable legal issues under the broad dependent's relief provisions of the Succession Law Reform Act worthy of consideration by the court.
Motion to strike pleadings partially granted where defendants pleaded evidence and scandalous allegations.
The plaintiffs brought a motion to strike several paragraphs from the defendants' statement of defence and counterclaim under Rules 25.06(1) and 25.11.
The court struck portions that pleaded evidence rather than material facts, or were scandalous and vexatious.
However, the court retained paragraphs that properly pleaded material facts regarding consent and contributory negligence.
The plaintiffs were awarded costs of $4,500.
