Kathleen Broschuk

This endorsement addresses costs following a motion where the respondent mother successfully obtained an order for the sale of the matrimonial home and exclusive possession.

The court found the applicant father's litigation conduct to be in bad faith, characterized by intentional withholding of information, contradictions in sworn evidence, and bizarre, intimidating communications directed at the mother's lawyer.

Despite the father's self-represented status and claims of inability to pay, the court emphasized that impecuniosity does not shield a litigant from costs for unreasonable or bad faith behavior.

The court fixed costs at $8,000.00, inclusive of HST and disbursements, to be paid by the father to the mother.

The respondent mother brought an urgent motion seeking the immediate sale of the jointly owned matrimonial home due to imminent bank foreclosure and to strike the applicant father's pleadings for non-compliance with a disclosure order.

The father opposed the sale, asserting the children's best interests and his efforts to manage the property.

The court granted the mother's request for the immediate sale of the matrimonial home, dispensing with the father's consent and granting the mother sole authority over the sale process.

The motion to strike pleadings was adjourned.

The court found the property unaffordable for the father, the sale inevitable, and no legitimate family law claims prejudiced by the sale, also noting the father's uncooperative and bizarre conduct.