Helen Mary McCullough

This decision addresses the costs of a decade-long family law proceeding.

The Respondent, M.M., sought full recovery of costs, alleging the Applicant, K.K., acted in bad faith.

The court found K.K. engaged in egregious bad faith conduct, including concealing financial information, presenting fabricated evidence, manipulating third parties, and repeatedly breaching court orders to inflict emotional, psychological, and financial harm on M.M. and alienate the children.

Consequently, the court awarded M.M. full recovery of trial-related costs and certain pre-trial costs, totaling $211,441, and stayed the enforcement of previous costs orders against M.M. due to K.K.'s oppressive conduct.

The applicant wife brought a motion seeking disclosure from the respondent husband regarding their landscaping business and for support.

The parties had a temporary consent order for winding up the business and selling the matrimonial home.

The wife alleged the husband failed to comply with disclosure obligations and continued to operate a business in his own name, potentially diverting cash income.

The court found the husband failed to provide adequate disclosure and ordered specific disclosure with a daily penalty for non-compliance.

The court also ordered the husband to pay interim spousal support and contribute to matrimonial home expenses, noting the absence of updated financial statements.

The applicant wife brought a motion for leave to bring an urgent motion to enforce a prior court order regarding support, expenses, disclosure, and the sale of the matrimonial home, alleging the respondent husband had depleted business funds.

The respondent argued against the urgency of the request.

The court found that the unexplained depletion of business account funds by the husband created a dire financial circumstance, satisfying the urgency test under the Chief Justice's Notice regarding COVID-19 court operations.

Leave was granted, and specific directions were provided for the urgent motion, with costs awarded to the applicant.