Brenda K. McKnight

The court determined access arrangements for a five-year-old child following a custody determination.

The mother sought to maintain a rigid access schedule to protect the child's stability and prevent parental alienation.

The father sought broad access rights including a right of first refusal.

The court found the father had a pattern of litigation misconduct, non-payment of child support, failure to comply with court orders, and inappropriate parental behavior including attempting to alienate the child from the mother.

The court granted the mother's position, establishing a detailed and restrictive access schedule with clear consequences for breaches, finding that the father's behavior threatened the child's emotional stability and best interests.

The applicant brought a motion to strike the respondent's pleadings and seek costs on a full recovery basis due to the respondent's willful and repeated failure to obey numerous court orders.

The respondent had failed to pay child support, costs awards, and security for costs, and had repeatedly breached access orders.

The court found this to be an exceptional case warranting the striking of pleadings, with the exception of the respondent's claim for access, which was permitted to proceed with strict controls.

The order was made without prejudice to the respondent seeking reinstatement upon full compliance with outstanding court orders.