Melanie Larock

In a family law proceeding, the applicant sought disclosure of various corporate and financial records relating to businesses owned by the respondent and his family.

The court ordered disclosure of corporate financial records back to 2014 for business valuation purposes, as well as post-March 2020 records relevant to a pending motion to reduce support due to the pandemic.

The court also ordered the respondents to request accounting records from their accountants and to produce commercial leases subject to a confidentiality agreement and notice to landlords.

The respondent husband brought a motion to set aside an order striking his pleadings and to reinstate them in a family law proceeding.

His pleadings had been struck due to non-compliance with financial disclosure orders, with a condition that he could move to reinstate them if he complied by a specific date.

The court found that while the respondent made some efforts to comply, he failed to meet the clear deadlines and did not bring his motion to reinstate until over a year later, after the applicant had filed for an uncontested trial.

The motion to reinstate pleadings was dismissed due to the respondent's significant delay and continuous disregard for court orders.

In a family law application for custody and access, both parties brought motions for disclosure.

The applicant sought the respondent's medical and psychiatric records relating to his alcohol dependency and mental health issues.

The respondent sought the applicant's financial and employment records to determine her self-employment income for child support purposes.

The court ordered the respondent to produce his medical records related to mental health and alcohol dependency, finding that the best interests of the child outweighed his privacy concerns under the Ryan test for privilege.

The court also ordered the applicant to produce her bank statements for 2015, as she had not provided a financial statement for her business for that year.

The applicant brought a motion for a penalty following a previous finding that the respondent was in contempt for breaching various court orders, including failing to provide financial disclosure.

Although the respondent had since provided most of the required disclosure after retaining new counsel, he had also transferred over $53,000 from the sale of a property to his new wife in violation of a court order.

The court found that while the respondent had significantly complied with disclosure orders, his unauthorized transfer of funds warranted a penalty.

The court ordered the respondent to pay a $10,000 fine and a $5,000 penalty to the applicant, but declined to strike his pleadings given his recent efforts to comply and his proposal to pay arrears from the proceeds of a property sale.