Alexandra Ogilvie

This endorsement addresses costs arising from a December 13, 2023 motion where the Applicant mother sought leave to file fresh evidence in an appeal of an arbitration award concerning children's schooling.

The mother was substantially successful on her motion, obtaining leave to file evidence from one therapist and an updated Voice of the Child report, while her request for evidence from a parenting coordinator was dismissed.

The Respondent father's cross-motion was dismissed.

The court found the mother entitled to costs, but not full recovery, due to issues with proportionality and the use of multiple counsel.

The father was ordered to pay $15,000.00 in costs to the mother.

The applicant mother brought a motion seeking leave to adduce fresh evidence on her appeal of an arbitration award that ordered the parties' two children to change schools.

The mother sought to introduce evidence from the children's therapist and the parenting coordinator, which the arbitrator had previously refused to hear, as well as an updated Voice of the Child report.

Applying the Palmer test with the flexibility required in family law cases involving the best interests of children, the court allowed fresh evidence from the therapist and ordered an updated Voice of the Child report to ensure the appeal judge has current information.

The request to adduce evidence from the parenting coordinator was dismissed.