2 total
Respondent's pleadings struck and substantial indemnity costs awarded for wilful and repeated failure to provide financial disclosure.
The applicant brought a motion to strike the respondent's pleadings for his repeated failure to comply with multiple court orders requiring financial disclosure.
The parties separated after a 13-year relationship, and the applicant required corporate and personal financial information to establish her claims for spousal support and equalization of net family property.
The court found that the respondent wilfully and deliberately breached previous disclosure orders and failed to answer undertakings from his questioning.
As a result, the court struck the respondent's pleadings, granted the applicant leave to proceed to an uncontested hearing, and ordered the respondent to pay costs on a substantial indemnity scale due to his bad faith conduct.
Costs awarded on a partial indemnity basis with a net set-off payable to the respondent.
The parties sought costs following competing motions in a family law proceeding.
The applicant was substantially successful on her motion for financial disclosure and an advance on equalization, while the respondent was successful on his motion for exclusive possession of the cottage.
The court determined that both parties acted reasonably and awarded costs on a partial indemnity basis, applying maximum allowable hourly rates.
After assessing the respective costs, the court ordered a net set-off amount of $6,753.47 payable by the applicant to the respondent.
