Paul Rausch

In a dispute over the date of separation in a divorce proceeding, the applicant sought production of an intake form the respondent had completed at a lawyer's office.

The respondent had not retained or met with the lawyer, but completed the form seeking legal advice.

The court held that the intake form was protected by solicitor-client privilege, as it was completed for the purpose of seeking legal advice.

The court further found that the applicant failed to meet the onus to override the privilege, as the date of separation could be established through other evidence.

The request for production was denied.

The applicant mother sought costs of $17,450.51 following successful motions in a family law proceeding involving custody of two children.

The respondent father opposed the costs award.

The court found the mother was the successful party on the contested motions and entitled to costs.

The father's unreasonable conduct, including avoiding service, failing to meet filing deadlines, and refusing to make settlement offers, was considered.

The court awarded costs of $10,000 inclusive of fees, disbursements and HST, finding this amount fair and reasonable in the circumstances rather than a mechanical calculation of actual costs incurred.

Following a consent order resolving a motion that sought to dismiss the respondent’s claim and strike his pleadings for failure to comply with a temporary order, the parties were unable to agree on costs.

The consent order provided that the respondent would pay the costs of the motion either as agreed or as ordered by the court.

The court considered the parties’ submissions, including allegations of non‑compliance with prior court orders, issues surrounding scheduling and counsel availability, and the existence of an offer to settle.

While satisfied that costs should be awarded to the applicant and that the claimed hourly rates and time spent were reasonable, the court declined to order full indemnity costs.

Costs were fixed at a lump sum of $4,500 inclusive.