Allison Campbell

The applicant father sought a change in parenting arrangements and decision-making responsibility for the parties' 12-year-old child, requesting primary residence with him and full decision-making authority.

The respondent mother opposed the primary residence change but was agreeable to shared parenting and sought to retain decision-making for health and education.

The court found a material change in circumstances warranting a review.

After a four-day trial, the court ordered shared parenting time on a week on/week off schedule.

Decision-making responsibility was split: the mother was granted final decision-making for medical and educational issues, while the father was granted final decision-making for dental and all other issues.

The court emphasized the best interests of the child, considering the parents' respective disabilities, their efforts to address past communication issues, and the child's wishes.

This is a costs endorsement following a motion and cross-motion where there was divided success.

The party seeking costs was successful in obtaining an order to sell the matrimonial home and opposing temporary spousal support, while the party opposing costs succeeded in obtaining child support and a disclosure order.

The court found the party seeking costs was more successful and awarded them partial indemnity costs fixed at $1,650, payable from the opposing party's portion of the proceeds of sale of the home.

The applicant father sought sole custody and primary residence of his two children, and the sale of the matrimonial home.

The respondent mother also sought sole custody and primary residence, and the sale of the home.

The court found the mother to be the primary caregiver pre-separation and post-separation, despite significant conflict and intrusive monitoring by the father and his parents.

The court granted the mother sole custody and primary residence during the school year, with shared summers and holidays.

The matrimonial home was ordered to be sold, with proceeds divided after accounting for child support arrears and Canada Child Tax Benefit credits.