This is a costs endorsement following a two-day trial on a motion to change a prior custody and access order.
The respondent father sought to modify an August 2015 order to obtain unsupervised access with his three-year-old son and to terminate a restraining order against him.
The court granted the father's request for unsupervised access on a graduated schedule with eventual overnight visits, terminated the restraining order (while imposing contact restrictions), and dismissed his request for joint custody.
The applicant mother sought no costs or alternatively $1,500, while the father sought $18,000.
The court found the father was the more successful party overall, though success was divided.
The mother's conduct, particularly deliberate misrepresentations in her affidavit regarding the father's contact with the child and the parties' living arrangements, was found to constitute bad faith.
The court ordered the mother to pay costs of $12,000 inclusive of fees, disbursements, and HST.
