Limits on Questioning in Family Law Cases; Unrepresented Parties Take Note
The Ontario Superior Court of Justice has recently released a decision outlining limits on Orders under the Family Law Rules allowing the questioning of one party by the other. The decision is particularly noteworthy because it serves as a cautionary tale for those parties to a family law dispute who are self-represented.
Under the Family Law Rules, the court can make such an Order to allow a person (whether a party to the litigation or not) to be questioned by a party in certain circumstances, namely where:
1) it would be unfair to the party making the request to have to carry on with the case without it;
2) the information is not easily available by any other method;
3) the questioning will not cause an unacceptable delay or undue expense.
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