Erin Crawford

During a family law trial, it was discovered that the applicant had communicated with her counsel about her evidence and the issues in the case while under cross-examination.

The court found that this improper communication fatally wounded the trial process and prejudiced the respondent's ability to conduct a fair cross-examination.

As no other curative measures would suffice without prejudicing the applicant, the court declared a mistrial.

The court also ordered terms, including the immediate listing of the matrimonial home for sale and the withdrawal of Statements of Arrears filed with the Family Responsibility Office.

Following a successful family law motion granting injunctive relief to prevent dissipation of assets, the moving party sought costs on a full recovery basis.

The court considered Rule 24 of the Family Law Rules and determined that the responding party had acted in bad faith by failing to provide proper financial disclosure, terminating support, and attempting to deal with jointly owned assets while international proceedings were ongoing.

Given the complexity of the litigation, the high financial stakes, and the conduct of the responding party, the court held that full indemnity costs were warranted.

The court ordered payment of substantial legal fees and disbursements to counsel for the moving party within 30 days.