K. Lewis

The parties have been embroiled in complex family and civil litigation since their separation in 2014.

Following a final judgment in the family law proceeding awarding the applicant over $1.5 million, the court addressed several outstanding issues through case management.

The court dismissed the applicant's motion under Rule 59.06 to reconsider a previous order regarding bailiff fees.

Applying the doctrines of issue estoppel and abuse of process, the court dismissed the respondent's remaining civil claims against the applicant and her former counsel.

The court also found that the respondent's mother, who had purchased some of the respondent's actions from his trustee in bankruptcy and held legal title to a property beneficially owned by the respondent, was bound by the court's previous factual findings and dismissed her claims.

The court ordered that if the respondent failed to pay the judgment within 45 days, the property would be seized and sold.

Finally, the court held it had jurisdiction under Rule 1(8) of the Family Law Rules to enforce outstanding costs orders made by the Court of Appeal.

Following the dismissal of the mother's urgent motion regarding the children's school attendance, the successful father sought costs of $4,405.70.

The mother argued each party should bear their own costs or that the father's claim should be reduced.

Both parties had served offers to settle under Rule 18.

The court found the father was entitled to costs and that his lawyer's hourly rates were reasonable.

Considering Family Law Rules 18 and 24, the court awarded the father costs of $3,500 inclusive of disbursements and HST.