Procedural Fairness v. Procedural Anarchy: The Ontario Court of Appeal in Frick v. Frick 2016 ONCA 799 has attempted to promote procedural fairness. While partially successful in that endeavour, the court has unfortunately encouraged procedural anarchy.
Procedural Fairness is crucial for an effective judicial system. And it's not just an issue of 'fairness' to parents; rather, to protect the most vulnerable in society - children - there need to be solid safeguards in our family law system to preserve and indeed promote parental/child relationships. The use of summary judgment remedies has been particularly destructive of families in the child welfare system, as I have commented previously. In addition, I have already warned of the emerging trend to deny to litigants generally their day in court.
Justice George Czutrin rendered an important appeal decision (from a judge of the Ontario Court of Justice) on 20 June 2013: B. (A.) v. A. (N.L.) Justice Czutrin's decision adopted the principles of procedural fairness that Gene C. Colman had advanced years earlier in a published article that is reproduced at this web site