Harvey Sheldon Goldstein

The court determined costs following pre-trial motions where both parties sought numerous heads of relief.

The court found the Applicant primarily responsible for the excessive and disproportionate time and resources spent due to consistently unreasonable positions and refusal to compromise.

The Respondent was deemed the successful party on key issues, including the sale of the matrimonial home and disclosure, and bettered their offers to settle.

Despite the Respondent seeking "full recovery" costs, the court applied principles of proportionality and reasonableness, noting the Respondent also raised an inordinate number of issues.

The Applicant was ordered to pay the Respondent $35,000 plus HST for a total of $39,550.

The parties, separated since 2016, brought competing motions for interim relief involving over 20 issues.

The primary issue was the respondent's motion to compel the sale of the jointly owned matrimonial home pursuant to the Partition Act and a prior interim separation agreement.

The applicant opposed the sale, arguing market conditions were poor and a sale would prejudice her family law claims.

The court granted the order for sale, finding the applicant asserted no possessory interest in the home and the respondent had sufficient other assets to satisfy any potential equalization or trust claims.

Both parties' requests for the appointment of a joint expert were dismissed due to unworkable mandates.

The applicant's requests for further disclosure and additional life insurance were also dismissed, as was the respondent's request for a restraining order.