B. Nagra

The mother applied for sole decision-making, primary care, child support, and a restraining order following a highly conflicted separation marked by the father's family violence, harassment, and erratic behaviour.

The father, who was self-represented, sought primary care and refused to pay child support unless granted equal parenting time or primary care.

The court granted the mother sole decision-making and primary care, finding the father's history of abuse and inability to co-parent made joint decision-making impossible.

The court ordered supervised parenting time for the father, imputed his income for retroactive and ongoing child support, and issued a permanent restraining order to protect the mother and child.

The parties settled a motion for the return of a financed Case Machine but could not agree on costs.

The plaintiff sought substantial indemnity costs of $19,167.64, while the defendant argued for costs in his favour or that each side bear its own costs.

The court considered the factors under Rule 57.01, including the importance of the issues, the conduct of the parties, and the offers to settle.

The court found the defendant's conduct unnecessarily complicated the matter but also noted the plaintiff failed to name all relevant parties.

The court ordered the defendant to pay the plaintiff's costs fixed at $7,500 inclusive of HST and disbursements.

The respondent father brought a motion to dismiss the applicant mother's family law application in Ontario, arguing that a similar proceeding was already underway in British Columbia.

The parties had lived in British Columbia before separating, after which the mother moved to Ontario with their child.

The court found that while it had jurisdiction over custody under the Children's Law Reform Act, it should decline to exercise it based on the doctrine of forum non conveniens to avoid a multiplicity of proceedings.

The property claims were dismissed under the Family Law Act, and the custody and support claims were stayed pending the outcome of the British Columbia proceeding.