The applicants brought a motion for leave to argue a motion for summary judgment mid-trial, and the respondent brought a motion for directions seeking a trial de novo following a mistrial declared by the previous trial judge.
The court dismissed the motion for leave for summary judgment, interpreting Rule 16(1) of the Family Law Rules to mean that such motions must be brought before a trial commences.
The court also dismissed the respondent's request for a trial de novo, ordering that the trial continue from the point where the evidence concluded, in accordance with a prior Divisional Court order.
