The respondent brought a motion to strike the applicant's pleading for failure to comply with disclosure orders.
The motion was successful and the applicant's claim for an equalization payment was struck.
This endorsement addresses the costs award following the successful motion.
The respondent sought costs in the range of $80,000 to $105,000, while the applicant argued for no costs or only nominal costs.
The court found the applicant's behaviour unreasonable but not in bad faith.
The applicant failed to provide current financial disclosure to support claims of inability to pay.
The respondent had served a settlement offer on December 12, 2023, which the applicant failed to meet or exceed.
The court awarded costs on a partial indemnity basis prior to the offer date and full recovery thereafter.
