N. Epstien

The applicant sought costs following a successful motion to strike the respondent's pleadings or for disclosure.

The court found the respondent's failure to produce basic financial disclosure over four years, despite multiple court orders, constituted bad faith and egregious non-compliance.

Applying section 24(8) of the Family Law Rules, the court awarded the applicant full recovery costs in the amount of $43,000, payable immediately.

The applicant wife brought a motion to strike the respondent husband's pleadings for failure to produce financial disclosure, or alternatively, for an order for production with a daily penalty.

The court found that the husband had repeatedly failed to comply with five previous disclosure orders.

The court ordered the husband to provide the outstanding disclosure by a specified date, failing which he would be subject to a $500 daily fine payable to the wife.