Robert Mignardi

The applicant brought a motion for further financial disclosure from the respondent and his mother, a non-party, in a family law proceeding.

The applicant alleged the respondent transferred over $1.5 million to his mother to defeat her claims for support and equalization.

The court found the respondent's financial disclosure was deficient and ordered him to produce extensive personal and corporate banking records.

The court also ordered the respondent's mother to produce her personal bank statements, finding her privacy interests were outweighed by the unexplained transfer of family property.

The applicant wife brought a motion seeking $140,000 in interim disbursements from the respondent husband to cover business valuations, real estate appraisals, and anticipated legal fees.

The court found the requests for valuation and appraisal costs lacked specificity and were premature given the early stage of financial disclosure.

However, the court awarded $40,000 in interim disbursements for imminent legal fees, finding the applicant lacked the means to fund the litigation and the advance was necessary to level the playing field.

The plaintiffs sought a declaration that an equipment lease, general security agreement, and personal guarantee with the defendant financing company were void after the equipment supplier absconded with the advanced funds and failed to deliver the equipment.

The financing company counterclaimed for the balance owing under the lease.

The court found that the financing company failed to ensure delivery of the equipment before advancing funds, constituting a fundamental breach.

Furthermore, the court held that the no-cancellation clause was unenforceable because the financing company failed to bring it to the plaintiffs' attention.

The agreements were declared void, the financing company's claim was dismissed, and it was ordered to return the funds paid by the plaintiffs.