2 total
The court found the respondent in persistent breach of disclosure orders, granting preservation orders and conditional leave to strike pleadings.
The Applicant, Pierrette Donaghy, brought a motion seeking findings of breach and various enforcement and preservation remedies against the Respondent, Michael Donaghy, in a long-running family law proceeding.
The Court found the Respondent in breach of multiple court orders regarding disclosure and support, granted preservation orders over his assets, and set deadlines for compliance, including the production of business valuation and income determination reports.
The Court declined to increase the daily penalty for non-compliance but allowed the Applicant to seek to strike the Respondent’s pleadings if he failed to comply by the set date.
Costs were awarded to the Applicant.
The court ordered the non-resident applicant to pay $20,000 as security for costs, finding her spousal support claim had questionable merit.
The Respondent, Andrew Lambden, brought a motion for an interim order requiring the Applicant, Yessica Pamela Cevallos, to pay $30,000 as security for costs of the litigation.
The court found that the Applicant habitually resides outside Ontario and has no assets in Ontario, satisfying the preliminary onus under Rule 24(13)(a) of the Family Law Rules.
The court expressed serious reservations about the merits of the Applicant's spousal support claim, specifically regarding whether the parties continuously cohabited in a conjugal relationship for the statutory three-year period, citing significant interruptions in their cohabitation and the nature of their financial arrangements.
The court also noted the Applicant's inconsistent financial disclosure and inappropriate threatening statements made to the Respondent.
Despite the Applicant's submission that the order would prevent her from continuing the proceeding, the court found she had the ability to raise funds.
The motion for security for costs was granted in the amount of $20,000.
