Anthony H. Little

This decision addresses costs following a nine-day trial primarily concerning parenting issues.

The applicant (father) was found to be more successful on the primary residence issue but not on decision-making responsibility, resulting in divided success.

Both parties engaged in unreasonable behaviour, including family violence and financial abuse by the father, and non-disclosure and impaired driving by the mother.

The court considered the divided success, the unreasonable conduct of both parties, and the mother's limited financial resources (ODSP benefits).

Despite the father's claim for $105,000, the court awarded a modest costs award of $7,000, payable in installments, finding it just and reasonable given all factors.

A contested guardianship application was brought under the Substitute Decisions Act regarding an adult incapable person who suffered a catastrophic hemorrhagic stroke resulting in permanent disability and the need for 24‑hour care.

The incapable person’s sister applied to be appointed guardian of personal care and property, while the spouse and adult children brought a counter‑application seeking guardianship and relocation of the incapable person closer to them.

The court considered the best interests of the incapable person and the statutory considerations under ss. 66(6) and 66(7) of the Substitute Decisions Act concerning maintaining supportive family contact and consultation.

Evidence demonstrated longstanding separation between the spouses, limited involvement by the spouse in the incapable person’s medical care since the prior guardianship appointment, and significant conflict between the spouse and the existing guardian.

The court concluded that the sister was best positioned to manage the incapable person’s care and property while fostering family contact, and appointed her as guardian.