Julie Stanchieri

The appellant appealed a motion judge's order striking his pleadings for failure to comply with previous financial disclosure orders in a high-conflict matrimonial dispute.

The Court of Appeal allowed the appeal and reinstated the pleadings, finding that striking pleadings is a remedy of last resort and was not warranted given the substantial disclosure already made, the lack of itemized missing disclosure, the absence of wilful disobedience, and the principle of proportionality.

The appellant sought to appeal an order of the Superior Court of Justice.

The Court of Appeal determined that the order in question was interlocutory.

Consequently, the appeal was quashed for lack of jurisdiction, with no order as to costs.

The applicant wife brought an emergency, ex parte motion for a preservation order over the respondent husband's assets, primarily his recently commuted pension.

The husband had failed to disclose the details of his retirement package and the transfer of pension funds.

The court found the urgency threshold was met due to the husband's lack of transparency, but held the requested order over all assets was disproportionate.

The court granted a partial preservation order over two GICs and the matrimonial home.

No costs were awarded to the applicant because her counsel failed to give notice of the motion to the husband's active counsel.

The appellant, a police officer, appealed the penalty of dismissal imposed after he pled guilty to two counts of discreditable conduct and was found guilty of one count of corrupt practice.

The misconduct involved importing khat while returning from Kenya, attempting to use his police status to avoid customs scrutiny, and lying to officials.

The Commission found that the Hearing Officer properly balanced the relevant factors, including the serious nature of the misconduct, the damage to the police service's reputation, and the lack of rehabilitation potential, and upheld the penalty of dismissal.