M. VanderSpek

The applicant brought an urgent motion to preserve assets pending equalization of net family property, alleging the respondent and his mother breached a consent order by encumbering a property and listing it for sale.

The court found no breach of the consent order as the charge was registered minutes before the order was made.

The court declined to order mortgage funds be paid into court but ordered an accounting of the funds, restricted the alienation of the property without notice, and directed that 50% of the respondent's project management fees be remitted to the Family Responsibility Office for support arrears.

The applicant brought a motion in a family law proceeding to add the respondent's mother as a party, compel oral questioning, obtain corporate disclosure, and secure a certificate of pending litigation (CPL) and preservation orders against certain properties.

The applicant alleged the respondent was dissipating assets and using his mother and her corporation to shield equity from equalization.

The court granted the requests to add the mother as a party, ordered oral questioning and disclosure, and issued a CPL against one property, finding a triable issue regarding the applicant's interest.

The request for a preservation order was dismissed as the properties were not legally owned by the respondent.

The applicant sought costs following her successful motion to confirm a prior parenting order and a subsequent request for directions.

The court found that the respondent's inappropriate conduct, including failing to return the children as ordered and denying the existence of the order, necessitated the proceedings.

The applicant was largely successful on the motions and entirely successful on the request for directions.

The court awarded the applicant costs of $7,296.69 on a partial indemnity basis for the motions and $800 on a substantial indemnity basis for the request for directions, totaling $8,096.69.