SEPARATION AND DIVORCE - Practice and procedure - Orders

Law360 Canada (April 14, 2023, 6:33 AM EDT) -- Appeal by Khanine from an order striking out his pleadings in a family law dispute. Khanine and the respondent, Aslezova, were married for about 20 years before they finally separated in 2017. They had 4 children. Following a multi-day case conference, the parties settled the issues of parenting time, decision-making and the residence of the children. They also agreed on a detailed order providing for Khanine’s financial disclosure relating to millions of dollars in corporate and other assets (disclosure order). He was required to produce the documents or directions for their production, if they existed, within 45 days of the disclosure order. Aslezova required Khanine’s financial disclosure in order to prepare for the trial of the remaining financial issues of child and spousal support, equalization of property and payment of the children’s s. 7 expenses under the Child Support Guidelines. Khanine did not provide the necessary documents within the required time frame. Aslezova brought a motion to strike his pleadings based on his non-compliance with the disclosure order. The motion judge found that Khanine wilfully failed to comply with at least three prior orders of the court, including a consent order for financial disclosure, and struck his pleadings. The main thrust of Khanine’s submissions was that the motion judge erred by striking out his pleadings without making a less onerous order and giving him another chance to comply with the disclosure order....
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