Lanny S. Kamin

The applicant brought a motion seeking to foreclose the respondent from participating in an upcoming motion to strike because he remained in breach of an $8,012.82 costs order.

The respondent argued that his recent bankruptcy filing stayed the enforcement of the costs order and that the applicant was required to file a proof of claim.

The court held that the costs order related to spousal support, survived bankruptcy, and was not stayed.

The court ordered the respondent to pay the outstanding costs by a specific date, failing which his ongoing breach would be considered during the motion to strike.

The applicant brought a motion for production of documents from non-parties Rosen Energy Group Inc. ("REG Inc.") and the Bank of Montreal ("BMO") to investigate the respondent's alleged beneficial ownership interest in REG Inc. The respondent and BMO took no position, while REG Inc. opposed the production.

The court found the requested documents relevant to property claims and spousal support, and necessary because the respondent no longer controlled them.

It was deemed unfair to the applicant to proceed without access to information that could reveal undisclosed assets.

Despite REG Inc.'s concerns about prejudice, a confidentiality agreement was considered sufficient.

The motion for production was granted.