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Motion to stay interim order granting mother sole medical decision-making responsibility for child dismissed.
The moving party father sought an urgent stay of an interim order granting the responding party mother sole decision-making responsibility regarding their eight-year-old child's medical treatment, pending a motion for leave to appeal.
The mother wished to follow a pediatric endocrinologist's advice to commence treatment for a medical condition, while the father opposed it.
The court dismissed the motion for a stay, finding that the father failed to establish a serious issue to be determined on the motion for leave to appeal, as there were no conflicting decisions on the legal principles and no reason to doubt the correctness of the motion judge's factual findings.
The court also found that the balance of convenience favoured expeditious decision-making in the child's best interests.
Respondent's cross-motion dismissed and full indemnity costs awarded due to vexatious litigation conduct.
The applicant moved to strike the respondent's pleadings for non-payment of costs orders, and the respondent cross-moved to set aside previous orders regarding child support for their adult child.
The court found the respondent's conduct in repeatedly disobeying court orders and bringing meritless motions to be disgraceful.
The court dismissed the respondent's cross-motion, ordered child support to terminate on January 31, 2017 as agreed by the parties, and awarded the applicant $12,000 in costs on a full indemnity basis.
The court also ordered the respondent to post $5,000 as security for costs before bringing any further proceedings.
