“For reasons that are unclear to me the parties are engaging in an expensive and litigious process in what should be a straightforward case. I query whether the fees they have incurred will significantly exceed whatever costs may be ordered at some point down the road.
…
The case is indicative of the culture of unreasonableness that plagues the Court. This culture is particularly problematic given the current challenges and delays faced by litigants in gaining access to justice. Other flagrant examples include:
(a) failing to file any conference materials and/or Confirmation notices;
(b) ignoring the line spacing and font size so as to “comply” with the page limits;
(c) circumventing page limitations by directing the judge to earlier affidavits;
(d) bringing “urgent” motions that are not urgent, and attempting to squeeze long motions into one hour slots;
(e) seeking last minute adjournments based on information known weeks in advance;
(f) failing to advise the Court until the morning of a matter that the case has settled when the Minutes of Settlement were executed days before;
(g) using the Court’s limited resources to further the delay, delay, delay game;
(h) seeking costs in amounts that are unreasonable and not proportionate;
(i) requesting relief that is extreme, not child-focused and unrealistic; and
(j) playing “good cop, bad cop” with the judge delivering the unfavourable opinion rather than the client’s legal advisor.
It seems that, for some counsel, the days of valuing one’s reputation over success in any particular file may be gone. Given the current state of rapid transformation of the Court, coupled with additional unspecified future changes, that is unfortunate.
Civility inside and outside of the courtroom, and respect for colleagues and the Court, are vitally important to the successful functioning of the Family Justice system.
Enough is enough.”