Whiteley and Price

In *Whiteley and Price*, heard by Carter J, the wife had filed an application (Form 2) on 6 December 2007, and the husband had filed a response (Form 2A) and a response to the wife's application (Form 2 Response) on 21 February 2008. The dispute concerned the wife's application and the husband's response, as well as the admissibility and handling of certain affidavits.

The primary legal issues before the court were whether certain paragraphs of the wife's application should be dismissed or struck out, and how two specific affidavits should be dealt with. The court was also required to determine the costs of the proceedings related to the wife's application and the husband's response.

Carter J ordered the dismissal of paragraphs (1), (2), and (3) of the wife's application, and the striking out of paragraphs (4) and (5). The court further ordered that two specific affidavits be removed from the court file and placed in a sealed envelope, not to be opened except by judicial order. The wife was ordered to pay the husband's costs for her application and his response, with costs to be assessed if not agreed. The wife's Form 2 application and the husband's Form 2A response were dismissed and removed from the list of awaiting determinations. The court certified that the matter reasonably required the attendance of both counsel and senior counsel.