M. Rose

Following a successful disclosure motion in a family law proceeding, the applicant sought full recovery costs of over $22,000, alleging bad faith and unreasonable behaviour by the respondent.

The respondent sought to deprive the applicant of costs and claimed her own costs.

The court found the applicant was primarily successful but that full recovery was not warranted, emphasizing that costs must remain reasonable and proportional.

The court awarded the applicant $12,000 in costs and declined to order enforcement through the Family Responsibility Office.

The parties brought cross-motions for interim relief.

The applicant sought interim child and spousal support, while the respondent sought an access order, severance of the divorce, and the sale of the matrimonial home.

The court ordered interim child support for one minor child and one adult child attending university, and fixed the respondent's income at $300,000 for the purpose of interim spousal support.

The court granted the respondent reasonable access to the minor child, severed the divorce from corollary issues, and deferred the issue of selling the matrimonial home.