Amal Sidrah Nayyar

The court delivered a costs endorsement following motions to change parenting time and child support, and an enforcement motion.

The father was largely successful in the underlying motions.

The court considered the principles of costs, including success, offers to settle, and party conduct, as well as the mother's limited ability to pay.

The father's offer to settle did not meet the strict requirements for enhanced costs due to vagueness and predetermination of costs.

The mother was found to have acted unreasonably by not making an offer and failing to provide full disclosure.

The court ordered the mother to pay the father fixed costs of $4,800, payable monthly, with a portion enforceable as support.

This trial addressed outstanding issues of retroactive and ongoing child support and section 7 expenses, including RESP contributions, following a partial settlement.

The court imputed income to both the Father (Applicant) and the Mother (Respondent) based on their earning capacities and health circumstances.

The Father was found to be intentionally underemployed, and the Mother's unemployment was attributed to health issues, though income was still imputed due to insufficient evidence of complete inability to work or efforts to obtain disability benefits.

The court calculated child support arrears for both parties, resulting in a net payment from the Father to the Mother.

The Father's claim for childcare expenses was dismissed for lack of evidence, while RESP contributions were ordered to be shared equally going forward, with the Father paying arrears to equalize past contributions.

The applicant mother brought a motion for contempt against the respondent father for failing to return their two sons to Toronto by a specified date, in contravention of a prior court order.

The respondent filed a cross-motion seeking to vary the order, citing expired passports as the reason for non-compliance.

The court, without deciding the contempt or variation motions, issued an immediate order directing the respondent to attend the Canadian Embassy in Tunisia to obtain emergency travel documents for the children and to provide proof of compliance to the applicant.

Both the contempt motion and the cross-motion were adjourned to a later date.

The respondent father brought a motion seeking to set aside ex parte interim orders, obtain joint custody, shared parenting, and permit the children to remain in Tunisia, citing cultural values and perceived lower COVID-19 risks.

The applicant mother had previously obtained ex parte orders for interim sole custody and the return of the children to Toronto, following the respondent's refusal to return them after a vacation.

The court found the children's habitual residence to be Toronto, as conceded by the respondent, and dismissed the respondent's motion, finding no justification to set aside or vary the prior orders.

The court ordered the immediate return of the children to Toronto and scheduled a case conference.

This is a costs endorsement following a two-day trial on child and spousal support obligations.

The respondent mother was the successful party, having obtained an order more favourable than her settlement offer dated May 25, 2017.

The applicant father acted in person and engaged in unreasonable conduct, including late and incomplete financial disclosure, failure to timely make support payments, and lack of credibility regarding income reporting.

The court awarded costs to the mother in the amount of $15,000 inclusive of fees, disbursements and HST, payable at $500 per month commencing September 1, 2017.

A trial concerning child support and spousal support obligations following the separation of the parties.

The father sought access to the children and the mother sought custody, child support, and spousal support.

The court imputed income to the father based on evidence of undeclared cash income, improper expense deductions, and personal expenses written off through his business.

The court found the father intentionally under-employed and awarded child support based on an imputed income of $59,677 for 2016 and $56,649 for 2017, spousal support of $650 per month on an indefinite basis, and ordered the father to pay 75% of section 7 expenses.

Support was made retroactive to January 1, 2016.