Aaron M. Franks

The applicant's motion for disclosure was dismissed, making the corporate respondents presumptively entitled to costs.

However, the court found that the corporate respondents behaved unreasonably by relying on an inadmissible affidavit and failing to respond to the court's directions regarding their conduct.

As a result, the court discounted their partial indemnity costs by 25% and ordered the applicant to pay $7,500 in costs.

The applicant sought costs following a successful motion for interim spousal support and disclosure of cryptocurrency holdings.

The court reviewed the parties' offers to settle and found the applicant beat her offer regarding spousal support and met her offer regarding native file format disclosure.

The applicant was awarded costs of $104,533 on a substantial recovery basis.

The corporate respondents were successful on a discrete issue regarding a server and were awarded costs of $12,600 on a partial indemnity basis, to be paid from the applicant's costs award.

The applicant brought a motion seeking production of a lawyer's file, arguing she had an explicit or implicit solicitor-client relationship with him, or alternatively, that the respondents waived privilege.

The lawyer had acted for the respondent and the corporate respondents during a period when the parties were allegedly involved in a joint family venture involving cryptocurrency.

The court found the applicant failed to establish a solicitor-client relationship, as the few documents she relied on were insufficient to show she was led to believe he was her lawyer.

The court also found no evidence that the respondents waived privilege.

Although the motion was dismissed, the court struck significant portions of the respondent's affidavit for relying on inadmissible hearsay in breach of the Family Law Rules.

In supplementary reasons following an appeal regarding property ownership, the Court of Appeal addressed outstanding financial issues between former spouses.

The court ordered the respondent to reimburse the appellant for mortgage and property tax payments she made on his half-interest in a jointly owned property, finding he would otherwise be unjustly enriched.

The court also awarded the appellant additional occupation rent for the post-trial period.

Given divided success on the main appeal issues, the court ordered the parties to bear their own costs for both the trial and the appeal.

The respondent sought costs following a successful cross-motion to enforce access and the dismissal of the applicant's motion for private school tuition.

The court found the applicant's behaviour unreasonable, noting her motion lacked merit and she unilaterally terminated access despite a separation agreement.

The respondent had made a reasonable offer to settle that was more favourable than the final order.

Applying the Family Law Rules, the court awarded the respondent costs on a full indemnity basis.

However, finding the docketed hours excessive, the court reduced the claimed amount of $40,829.62 and fixed costs at $25,000.00.