Rui Alves

The applicant brought a motion to strike several paragraphs of the respondent's Answer in a family law proceeding, arguing they were inflammatory, pleaded evidence, or relied on surreptitiously obtained communications.

The court struck certain paragraphs referencing a notorious murder and extra-marital affairs as inflammatory or a waste of time, but upheld paragraphs relating to family violence, objectification of women, and parenting capacity as relevant to custody.

The court dismissed the applicant's claim of intrusion upon seclusion regarding text messages synced to a family iPad, finding a low expectation of privacy.

The court also granted the applicant's request to anonymize the proceeding to protect the children.

The parties settled a motion for contempt and a cross-motion, leaving the issue of costs to be determined by the court.

Both parties sought costs of approximately $40,000.

The court found that the respondent's original motion was necessary to enforce compliance with a final order regarding travel consent and life insurance, whereas the applicant's cross-motion was unnecessary.

The court awarded costs to the respondent, noting the applicant's unreasonable behaviour, including advancing a significant bill of costs for services rendered by his fiancée, who was not his solicitor of record.

The applicant was ordered to pay $27,454 in costs.