April 15, 2025 – Can I Still Appeal if My Pleadings Were Struck?

“The narrow and determinative issue before this court is whether the fact that the father’s pleadings have been struck precludes his right to appeal.

This court in Lamothe [v. Ellis, 2022 ONCA 789] at para. 3, held that it “will not typically hear an appeal by a party from an unopposed proceeding” because “[p]articipation in an appeal after an uncontested trial has been ordered can circumvent that order, contrary to the interests of justice.”

The court in that case recognized, at para. 3, that there may be exceptions to this rule where the issues raised in the appeal have clear merit or show that an injustice has been done.”

          Matos v. Driesman, 2024 ONCA 271 (CanLII) at 16-18

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