Did the motion judge err in dismissing the appellant’s claim for spousal support?
[147] With respect to the reasons of my colleagues, I am of the view that the motion judge’s dismissal of the appellant’s spousal support claim must be set aside. In its place, I would dismiss the respondent’s motion to strike the appellant’s pleadings. [148] I would make this disposition for two reasons. First, the scope of the motion was restricted by a prior order limiting argument to the issue of the expiry of a limitation period. Second, even if the summary judgment motion was properly heard on all issues, the record does not support the granting of the motion. [149] For the purpose of this analysis, I agree with my colleagues that the respondent’s motion to strike the appellant’s pleadings was a summary judgment motion because the appellant’s counsel conceded the point before the motion judge. [150] Since this was a summary judgment motion, the motion judge was required by rule 16(6) of the family rules to determine if the respondent had established that “there is no genuine issu
