At a trial management conference in a family law property dispute between former common-law partners, the applicant sought a declaration of constructive trust over the respondent’s property and retroactive rent for a residence he rented during their relationship.
The applicant failed to comply with prior disclosure orders and failed to obtain a valuation report that met the court’s earlier directions.
The court exercised its authority under the Family Law Rules to give directions following the adjournment of the conference caused by the applicant’s non-compliance.
The court prohibited the applicant from relying on the deficient valuation and granted the respondent leave to bring a motion for summary judgment or, alternatively, security for costs.
Costs of the wasted appearance were awarded against the applicant.
