2 total
Father awarded $10,000 in partial indemnity costs after successfully opposing mother's child mobility motion.
The applicant father sought costs of $27,420.18 after successfully opposing the respondent mother's motion to relocate their two children to Kitchener and succeeding on his own motion to keep the children in Mississauga.
The mother opposed the costs claim, arguing for no costs or a maximum of $5,000 payable in installments due to her economic circumstances.
The court found the father was entitled to costs on a partial indemnity scale, noting the mother took a risk by bringing her motion in the face of previous court orders without necessary evidence.
The court fixed costs at $10,000, payable by the mother in four installments.
Mother held in contempt for blocking access; court expands father’s parenting time.
The applicant brought a contempt motion alleging the respondent breached an access order by failing to facilitate the children’s counselling and access visits.
The court found the respondent deliberately and wilfully disobeyed the order and held her in contempt, emphasizing that a primary residential parent must actively facilitate court‑ordered access.
On a second motion concerning parenting arrangements, the court considered allegations of parental alienation and the best interests of the children under the Divorce Act.
The court ordered joint interim custody and significantly increased the father’s parenting time with one child through a week‑on, week‑off schedule, while maintaining the existing access framework for the other child with some modifications.
Interim child support was ordered to continue.
