Michael Rappaport

In a family law motion to change child support, the applicant sought leave on the eve of trial to amend pleadings, conduct questioning of the respondent before trial, and obtain additional disclosure.

The proceeding had already been set down for trial following a settlement conference.

Applying Rule 48.04 of the Rules of Civil Procedure, adopted through the Family Court Rules, the court held that motions or discovery after a matter is placed on the trial list require leave and will only be granted in exceptional circumstances.

The court found no substantial or unexpected change in circumstances justifying procedural discovery and concluded that the proposed amendment would significantly expand the issues and delay the trial.

Leave was refused and the motion dismissed.