Adriano John Cassolato

Following cross-motions in a family law proceeding concerning child support, disclosure, post-secondary education expenses, and security for support through a lien, the court addressed costs and outstanding disclosure issues.

The applicant mother was successful on all substantive issues, including resisting the respondent father's motion and obtaining remedies relating to support and disclosure.

Applying the governing costs principles emphasizing indemnification of successful litigants, encouragement of settlement, and sanctioning of improper conduct, the court found the respondent father’s conduct contributed to delay and diversion of the litigation.

The court fixed, rather than assessed, costs and ordered the respondent father to pay $16,000 to the applicant mother.

The court also provided directions regarding further disclosure, emphasizing the respondent father’s obligation to disclose business records relevant to determining income from self-employment.

The respondent father brought a motion to change a temporary child support order, seeking a reduction based on an asserted income of $40,000 and claiming significant overpayment.

The applicant mother opposed the change, alleged material non-disclosure, and sought various ancillary relief including access to RESP funds and security for support.

The court found the father had provided selective and inadequate financial disclosure and rejected his claim that the original order was excessive.

While recognizing some temporary financial and medical setbacks following a motor vehicle accident, the court held that the father’s lifestyle evidence and business records undermined his claimed income.

The court varied support only for a limited six‑month period and otherwise maintained the previously ordered temporary support level.