Antonio Villarin

The respondent (father) brought a motion to change a 2010 order, which resulted in a significant reduction of his support arrears and an increase in ongoing child support.

This endorsement addresses the father's request for costs.

The court found the father to be the overall successful party, particularly on the dominant issue of arrears reduction, and noted the mother's unreasonable conduct in failing to timely disclose relevant information to the Family Responsibility Office.

Despite both parties' offers to settle not meeting the technical requirements for costs consequences under Rule 18(14) of the Family Law Rules, the court exercised its discretion, considering the father's reasonable conduct and the mother's unreasonable actions.

The mother was ordered to pay the father's costs, fixed at $4,500.

The plaintiff, a third mortgagee, brought a motion for summary judgment against the mortgagor and two guarantors for possession and payment of a mortgage debt.

The defendants largely failed to respond.

The court dismissed the motion and the underlying claim without prejudice, finding that the statement of claim was entirely deficient and bore little resemblance to the confusing evidence presented.

The court noted significant issues with the claim, including the demand for unenforceable penalty interest and the reliance on a collateral mortgage that was not signed by the defendants or properly pleaded.

The plaintiff was granted leave to commence a fresh proceeding with a properly drafted statement of claim.