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Motion to end supervised parenting time dismissed due to insufficient evidence of sobriety and inappropriate conduct.
The respondent mother brought a motion to end her supervised parenting time with her two children, which had been ordered on a temporary basis due to her substance abuse issues.
The court applied the material change in circumstances test under section 29 of the Children's Law Reform Act, noting an exception for time-limited temporary orders.
The court found that the mother had not provided compelling evidence of her sobriety or that she had overcome her addiction issues.
Furthermore, reports from the supervision facility indicated inappropriate conduct during visits.
The motion to end supervised parenting time was dismissed, though the court varied the order to permit communication via a different application.
The court awarded $9,000 in costs to the respondent, emphasizing that a litigant's impecuniosity does not excuse them from paying costs for unreasonable conduct.
This decision addresses a costs motion arising from the Respondent's successful application for an order requiring the Applicant to post security for future motions.
The court, applying the Courts of Justice Act and Family Law Rules, found the Respondent to be the successful party, noting the Applicant's unreasonable conduct in failing to submit an offer to settle and necessitating the motion.
Despite the Applicant's limited resources, the court reiterated that impecuniosity does not negate the obligation to pay costs.
The Applicant was ordered to pay $9,000 in costs to the Respondent.
Motion for $150,000 security for costs denied to avoid preventing impecunious litigant from presenting case.
The respondent in a family law proceeding brought a motion seeking $150,000 in security for costs from the applicant, citing his conduct, delay tactics, outstanding costs awards, and impecuniosity.
The court noted the applicant's reliance on ODSP and lack of assets other than his share of the matrimonial home sale proceeds.
Applying Rule 24 of the Family Law Rules, the court declined to order the requested security, finding it would unjustly prevent the applicant from presenting his case on the merits.
However, the court ordered outstanding costs to be paid from a joint account and required the applicant to post $5,000 in security for any future motions.
