2 total
Motion to set aside administrative dismissal denied due to unexplained delay and prejudice to defendants.
The plaintiff brought a motion to set aside a Registrar's order dismissing his action for delay under Rule 48.14.
The action, which arose from a real estate transaction and a forfeited deposit, was dismissed after the plaintiff failed to set it down for trial by a deadline established at a status hearing.
The court applied the Reid factors and found that the plaintiff failed to provide a reasonable explanation for the delay, did not move expeditiously to set aside the order, and could not rebut the presumption of prejudice to the defendants.
The motion was dismissed.
Parent not liable for education expenses without proof adult child remains dependent.
The applicant brought a motion to enforce an existing child support order and sought contribution toward post-secondary education and private school expenses.
The respondent argued that support should terminate because the adult child had ended the relationship with him and had completed secondary school.
The court found the estrangement was mutual and that the respondent had not proven a unilateral repudiation by the child, but also concluded that the applicant failed to establish that the child remained a dependent for support purposes under the principles set out in Farden.
The court declined to order payment of university expenses due to insufficient evidence regarding full‑time enrolment and commitment to studies.
The court also held that private school tuition incurred unilaterally by the applicant was neither necessary nor reasonable.
No new support payments were ordered unless future evidence demonstrates that the child qualifies as a dependent.
