Joseph A. Irvine

The Applicant sought costs following a partially successful motion for disclosure from a non-party, Blue Water Metals.

The court found the Applicant more successful than Blue Water Metals, which had unreasonably resisted disclosure.

Considering the factors under Rule 24(11) of the Family Law Rules, including the importance of the issues, the parties' conduct, and counsel's rates, the court awarded the Applicant $7,000 in costs against Blue Water Metals.

No costs were ordered against the Respondent.

The applicant brought a motion for specified financial disclosure from a company owned by the respondent's parents, where the respondent was currently employed, and for the respondent's father to attend for questioning.

The applicant alleged the respondent was shielding income to reduce his child and spousal support obligations.

The court granted the motion in part, ordering the non-party company to produce client lists and financial statements, and ordering the respondent's father to attend for questioning, finding it would be unfair for the applicant to proceed to the motion to change without this information.