R. Gillissie

Following an adjourned family trial, the court addressed costs thrown away resulting from the respondent’s failure to provide court-ordered financial disclosure.

The court held that significant preparation and trial time had been wasted because disclosure remained incomplete despite prior orders.

After reviewing the applicant’s bill of costs, the court fixed compensable preparation and trial time related to disclosure issues at 43 hours and awarded fees and disbursements.

The court emphasized the importance of compliance with disclosure obligations and professional conduct expectations for counsel.

Costs were ordered payable by the respondent and the non‑dissipation order was varied to permit refinancing of property to fund payment.

During an ongoing family law trial involving property and financial claims, the court addressed significant disclosure failures by the respondent, which resulted in missing financial documents and inaccurate disclosure affidavits.

The court determined that the trial was not ready to proceed due to incomplete documentary production and ordered the trial adjourned to allow proper review and further disclosure.

Multiple procedural orders were made requiring both parties to identify and produce outstanding documents and to exchange sworn affidavits of documents.

The court also ordered costs thrown away to the applicant caused by the disclosure failures.

In addition, the court granted the applicant interim relief by directing the release of $40,000 from funds held in trust from the sale of the matrimonial home toward an admitted equalization entitlement.