Mason and Mason

The proceedings involved a dispute between a husband and wife, heard by Ryan J. The husband sought an adjournment of the hearing and leave to adduce further evidence. The court also made orders concerning the disclosure of reports and affidavits, the preparation of a joint statement by experts, and the payment of costs.

The primary legal issues before the court were whether to grant the husband's application for an adjournment and his application to adduce further evidence. Additionally, the court was required to determine appropriate interim orders regarding the disclosure of expert material, the funding of proceedings, and the preservation of corporate assets.

Ryan J granted the husband's application for an adjournment on terms, deferring the application to adduce further evidence to a later date. The court ordered that the husband provide copies of specific reports and affidavits to an expert, who was then to confer with another expert and produce a joint statement. By consent, the husband was ordered to pay a portion of the wife's costs thrown away by the adjournment and to facilitate the wife drawing down funds from a mortgage for the purpose of funding the proceedings. Further, the husband was ordered to pay the costs associated with the expert conference and statement preparation. The court also imposed interim restraints on the husband regarding the winding up, encumbrancing, or disbursing of corporate funds, except in the ordinary course of business or for specific purposes up to a certain amount, without the wife's consent. The matter was listed for further hearing and directions.