Court File and Parties
COURT FILE NO.: FS-21-013 DATE: 2022 03 09
SUPERIOR COURT OF JUSTICE – ONTARIO
611 Ninth Avenue East, Owen Sound ON N4K 6Z4
RE: Rene Lalande
AND: Deborah Lalande
BEFORE: Justice R. Mandhane
COUNSEL: Unrepresented Applicant Carol Allen for the Respondent
HEARD: March 9, 2022, In-Person
ENDORSEMENT
Analysis
1The parties appeared before me on the Respondent’s motion to strike the Applicant’s pleadings and proceed to an uncontested trial.
2The Applicant did not properly serve and file responding materials on this motion. However, he appeared via zoom for the hearing, and addressed the court. He says that he is not opposing the Respondent’s motion because he does not intend to proceed with his Application as he is not able to afford counsel or adequately represent himself.
3Based on the Respondent’s materials and submissions, I am satisfied that the Applicant is in breach of Justice Stribolopoulous’ disclosure order (and subsequent, related disclosure orders by Miller J. and Shaw J.) and has been for quite some time.
Disposition
4The Applicant’s Application and all subsequent pleadings shall be struck.
5The Respondent shall be granted leave to proceed to an uncontested trial.
Costs
6The Respondent is entitled to costs on this motion in the amount of $5000. She has attended four appearances in order to have this motion addressed on its merits. Her materials are voluminous. However, given that the Applicant is currently living in a shelter, my costs award of $5000 shall be deducted from any equalization payment owed by the Respondent to the Applicant after resolution of the matter or after a trial.
MANDHANE J.
Release Date: March 9, 2022
COURT FILE NO.: FS-21-013 DATE: 2022 03 09
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Rene Lalande
AND: Deborah Lalande
BEFORE: Justice R. Mandhane
COUNSEL: Unrepresented Applicant Carol Allen for the Respondent
ENDORSEMENT
Mandhane J.
Release Date: March 9, 2022