Ovais A. Khan

This decision addresses the costs of a motion brought by the applicant to appoint an investigative receiver-monitor and for interim disbursements in a complex corporate/family dispute.

Although most issues were settled just before the scheduled hearing, the court found compelling reasons to award costs to the applicant due to the respondents' litigation conduct, including failure to provide proper financial disclosure and late capitulation on key issues.

The applicant was deemed the successful party, having secured the appointment of their proposed receiver and interim disbursements of $1 million.

The court awarded $125,000 in costs to the applicant, balancing the applicant's success against the proportionality of the fees incurred, and declined to order joint and several liability as requested, preserving the issue for trial.

At a case conference, the applicant mother sought temporary orders for sole decision-making, child support, and spousal support.

The respondent father did not file a brief or attend.

The court interpreted subrule 17(8) of the Family Law Rules, finding it confers jurisdiction on a case conference judge to grant substantive interim relief, provided notice is given.

The court granted the requested temporary orders, including $7,734 in monthly child support and $12,852 in monthly spousal support, placing the burden on the non-participating father to bring a motion to set the order aside.