D.K. Sherr

The Applicant sought costs on a full recovery basis after successfully striking the Respondents' pleading due to their bad faith conduct, including deliberate non-disclosure and non-compliance with court orders.

The Respondents argued for no costs or a significantly reduced amount.

The court awarded full indemnity costs, finding the Respondents' conduct warranted a punitive award, but reduced the claimed amount due to some excessive hours and the abandonment of a contempt motion.

The costs were awarded jointly and severally against all Respondents due to their concerted efforts to obstruct disclosure.

The applicant brought a motion to strike the pleadings of the respondent and two added respondents for persistent and deliberate non-compliance with numerous court orders.

These orders included requirements for financial disclosure, payment of spousal support and costs, and adherence to preservation orders related to the sale of the matrimonial home.

The court found the respondents' conduct to be in bad faith, rising to the level of fraudulent misconduct, aimed at frustrating the applicant's financial claims.

Given the egregious nature of the breaches and the futility of lesser remedies, the court granted the motion, striking the respondents' pleadings and allowing the applicant to proceed to an uncontested trial.