Thursday, February 28, 2013

Summary judgment in Family Law

Shachtay v. Shachtay, 2013 MBCA 17 holds summary judgment is not well suited for spousal support claims under Miglin:



As well, we note the motion court judge’s comment that, relying upon Laskin J.A.’s decision in Kelly v. Kelly et al. 2004 CanLII 4328 (ON CA), (2004), 189 O.A.C. 305 at para. 22, a motion for summary judgment is often poorly suited to dispose of claims that must be resolved by applying the detailed analysis required by the decision in Miglin.



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