A. Drury

The appellant brought a motion under s. 21(5) of the Courts of Justice Act to set aside or vary an order of a single judge of the Divisional Court requiring him to pay outstanding costs and post security for costs for his family law appeals.

The appellant sought to introduce his 2022 income tax return as fresh evidence to show a dramatically reduced income.

The Divisional Court dismissed the motion to introduce fresh evidence, applying the Palmer test.

The court also dismissed the motion to set aside the security for costs order, finding no error of law or palpable and overriding error in the motion judge's exercise of discretion.

The applicant brought motions for contempt and further disclosure against the respondent in a family law proceeding.

The court found the respondent in contempt of two previous preservation orders for selling a boat slip and placing a new mortgage on a property without notice.

The court also ordered the respondent to pay the costs of a forensic audit due to his false assertions about having no assets at the time of separation, and made comprehensive orders for further disclosure of corporate and trust records.