Sherif Rizk

The moving parties brought a motion to strike the responding parties' statements of claim for failing to comply with discovery obligations.

One responding party failed to attend an examination, and another refused to answer several questions during hers.

The court reviewed the procedural history and the conduct of both counsel during the examinations.

The court found that while the responding parties did not fully comply, their conduct did not warrant the exceptional remedy of striking their claims.

Instead, the court ordered one responding party to attend an examination and ordered the other to answer written interrogatories.

The moving parties were awarded $3,000 in costs for the motion.

Following the dismissal of the respondent father's motion regarding jurisdiction and the return of the children to the UAE, the applicant mother sought full indemnity costs.

The court awarded the mother $45,000 in costs on an elevated scale, finding that the father engaged in bad faith, failed to comply with court orders, withheld crucial documents regarding foreign custody proceedings, and ignored reasonable offers to settle.

In a family law dispute involving jurisdiction and custody issues between Ontario and the UAE, a voir dire was held to determine the admissibility of the parties' proposed expert reports on Sharia Law and Islamic Legal Systems.

The court qualified the applicant mother's expert, finding he possessed the necessary special knowledge and experience.

The court disqualified the respondent father's expert and ruled his report inadmissible, finding that the expert was likely not the true author of the report, failed to comply with the mandatory requirements of Rule 20.2 of the Family Law Rules, and lacked the necessary specialized experience to render an opinion.