G.S. Joseph

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.

The applicant brought an interim motion for child and spousal support.

Both parties were self-employed.

The court imputed the applicant's income at $100,000 based on her consulting contract.

For the respondent, who owned a holding company with a 50% interest in a dental distribution business, the court applied section 18 of the Child Support Guidelines to attribute pre-tax corporate income to him.

The court found the respondent had effective control over dividend declarations and there was no business reason for retaining the earnings.

The respondent's income was determined to be $820,000.

The court ordered interim spousal support of $16,000 per month and child support of $10,000 per month.

An appeal from a Superior Court order concerning spousal support, child support, and a fraudulent conveyance application.

The appeal raised three issues: whether the motion judge erred in varying spousal support, varying child support, and dismissing the fraudulent conveyance application.

The Court of Appeal allowed the appeal in part regarding child support, dismissed the appeal regarding spousal support, and dismissed the fraudulent conveyance appeal.

The court allocated costs among the three issues and offset costs between the parties.

At a Trial Management Conference for a family law dispute involving custody and mobility issues, the court reviewed the parties' extensive witness lists which estimated 24 to 25 days of trial time.

The court had previously set a tentative 15-day trial date.

To ensure the trial proceeds efficiently and maximizes judicial resources, the court exercised its discretion under the Family Law Rules to impose strict time limits, allocating 37.5 hours per party, and ordered counsel to reduce oral evidence.

The trial date remained tentative pending a supplementary TMC.