Ashley Iyathurai

This endorsement addresses the issue of costs following a motion decided on April 23, 2020.

The Respondent was substantially successful on the underlying motion.

Considering the Applicant's limited means, the court awarded costs to the Respondent on a partial indemnity basis in the amount of $2600, inclusive of fees, disbursements, and applicable taxes.

The Applicant is to pay this sum to Legal Aid Ontario within 90 days, with the order explicitly stating it is not to be enforced by the Family Responsibility Office.

The applicant sought an urgent order for the sale of the matrimonial home and mortgage deferral due to dire financial circumstances exacerbated by the pandemic, and for the respondent's signature on sale documents to be dispensed with.

The court granted the applicant's motion under the Partition Act, finding the motion urgent and the respondent's proposed alternatives unrealistic, despite the parties no longer being "spouses" under the Family Law Act.

The applicant moved to vary existing interim orders to grant her primary residence of the children, alleging the respondent failed to comply with COVID-19 protocols.

The court found that the applicant did not prove a material change in circumstances on a balance of probabilities, as the evidence of non-compliance was largely hearsay.

The motion to vary was dismissed.

However, the court issued additional orders requiring both parties to comply with all applicable governmental directives and recommendations relating to COVID-19, specifically prohibiting children from visiting other households and restricting who could accompany the respondent during child exchanges.