On a family law motion arising from a long-term marriage, the applicant sought interim disbursements, broad disclosure relief, security for equalization and spousal support, passport surrender, insurance protection, and costs in response to persistent financial non-disclosure by a self-employed spouse.
The court refused a further adjournment, accepted the applicant's evidence as unchallenged, and held that interim disbursements were necessary under rule 24(12) to level the playing field and permit valuation of the respondent's business and income.
The court further held that it had jurisdiction under s. 34 of the Family Law Act and rule 1(8) of the Family Law Rules to order security, including surrender of passports, given the respondent's repeated non-compliance, arrears, and evidence supporting a risk that he might leave the jurisdiction and frustrate support and equalization claims.
The motion was substantially successful, resulting in a $25,000 interim disbursement, a $1,000,000 bond, passport deposit, insurance and disclosure orders, and substantial indemnity costs.
