To successfully defend a motion to strike pleadings in Ontario, you must rapidly cure your legal default, usually by providing overdue financial disclosure. The basic legal costs to defend against this severe motion typically range from $5,000 to $15,000 CAD, not including potential cost awards if the Superior Court of Justice rules against you.
Facing a motion to strike your pleadings is an incredibly stressful moment in any family court proceeding. When your former spouse files this motion, they are essentially asking the judge to throw out your entire family court case. This drastic measure is usually pursued when a party repeatedly fails to follow court orders, most frequently related to hiding assets, failing to pay temporary spousal support, or ignoring decision-making responsibility orders.
If the court grants the motion, you may be treated as though you never filed a defence at all. 📝 This means the other party could proceed to obtain an uncontested trial or summary judgment, potentially securing everything they asked for in their original application. Because the stakes are so high, defending this motion requires immediate action and usually the guidance of an experienced family lawyer.
Step-by-Step Process to Defend the Motion in Ontario
Whether you reside in Toronto, Mississauga, or Ottawa, the rules of the Superior Court of Justice apply uniformly across the province. The process to defend yourself revolves around demonstrating to the court that you are now complying with all orders and that striking your pleadings would be unjust.
Step 1: Review the Notice of Motion and Curing the Default
The first and most crucial step is to read the Form 14 Notice of Motion to understand exactly why the opposing side wants your pleadings struck. 🔍 Usually, it relates to missing documents. Before you even draft your defence, you must cure the default. If you failed to provide your Form 13 or 13.1 Financial Statement, you must gather your income tax returns, Notices of Assessment from the CRA, bank statements, and complete a Form 13A: Certificate of Financial Disclosure immediately. The court generally looks favourably upon a party who corrects their mistake before the hearing date.
Step 2: Drafting the Responding Affidavit
You must prepare a Form 14A Affidavit to explain your side of the story. This document is sworn under oath and must detail why the delay or non-compliance occurred. Perhaps you were waiting on records from a corporate accountant, or you were dealing with a medical emergency. You must attach your newly completed disclosure documents as exhibits to this affidavit, proving to the judge that you are now fully compliant with the Family Law Rules.
Step 3: Serving and Filing Your Materials
Once your responding materials are drafted and sworn, your law firm must serve and file them. 📨 In Ontario, your materials must be both served and filed at least four business days before the motion date, excluding weekends and holidays. After service, the documents, along with a Form 6B Affidavit of Service, must be submitted to the court. Responding materials in an Ontario family law motion carry a court fee of strictly $0 CAD. Depending on the jurisdiction, you must submit them electronically, using either the Family Submissions Online portal or, if in the Toronto region, the mandatory Ontario Courts Public Portal (OCPP).
Step 4: Attending the Motion Hearing
On the scheduled date, you or your lawyer will attend the Superior Court of Justice to argue the motion. Judges in Ontario prefer deciding cases on their merits rather than technicalities. If you have cured the default and brought a cheque to cover the opposing side’s wasted legal costs, the judge is often inclined to dismiss the motion to strike, allowing your case to proceed to a settlement conference or trial.
How Much Does it Cost in Ontario?
Defending a motion to strike is expensive because it requires urgent, intensive work from your legal team. 💵 Here is a breakdown of what you can expect to pay in Ontario.
| Lawyer Drafting and Preparation | $3,000 – $8,000 |
| Court Filing Fees | Strictly $0 CAD for responding materials |
| Lawyer Court Attendance | $1,500 – $4,000 |
| Potential Cost Awards (If you lose) | $2,000 – $10,000+ payable to your ex-spouse |
It is vital to understand that if the judge finds your behaviour to be unreasonable and deliberately obstructive, they may order you to pay the legal costs of your former spouse. This means you are not only paying your own law firm, but you are also paying for the lawyer who brought the motion against you.
How Long Does the Process Take?
The timeline for a motion to strike moves very quickly. ⏱️ Once you are served with the Notice of Motion, you typically only have a few weeks to gather your documents, draft your response, and file it with the court. If the default involves complex corporate valuations or missing business records, your lawyer may need to request a brief adjournment to gather the necessary evidence, though courts are hesitant to delay matters involving serious non-compliance.
What happens if the judge actually strikes my pleadings?
If your pleadings are struck, you lose the right to participate further in the litigation. Your ex-spouse may proceed to seek a final order regarding equalization, spousal support, or parenting time without your input, often resulting in a highly unfavourable outcome for you.
Can I appeal an order striking my pleadings?
It is possible to seek leave to appeal, or in some cases, bring a motion to set aside the order if you can show a compelling reason for your initial failure to respond and that you have a strong defence. However, appeals are extremely costly and difficult to win.
Will Legal Aid Ontario cover the cost of defending this motion?
Legal Aid Ontario may cover the costs if you qualify financially and the case involves serious issues like domestic violence or child protection. However, funding is strictly limited, and Legal Aid rarely covers complex property or business disclosure disputes.
Does curing the default guarantee I will win the motion?
While curing the default is the best defence, it is not a 100% guarantee. The judge will review your entire history of behaviour in the case. If you have a pattern of ignoring orders, the court may still impose severe sanctions or costs against you.
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