Brian Allan Ludmer

Following two family law trials concerning custody and access of three children, the court addressed the issue of costs.

The court had previously found the mother in contempt of an access order and concluded that she acted in bad faith by emotionally manipulating the children and undermining their relationship with their father.

The father was successful at both the original trial and the subsequent review.

Applying Rule 24 of the Family Law Rules and considering the mother’s bad faith litigation conduct, the court ordered full recovery costs.

The mother was required to pay a substantial costs award reflecting extensive legal work and professional involvement necessitated by the litigation.

The former husband brought a motion to change a final consent divorce order, seeking reimbursement for various small financial claims totaling $9,270.31 and $50,000 in costs thrown away, alleging unreasonable behaviour by the former wife.

The former wife brought a cross-motion seeking annual confirmation of the former husband's life insurance policy.

The court dismissed the former husband's motion in its entirety, finding his claims invalid and his conduct defiant and litigious.

The court granted the former wife's request regarding the life insurance policy.

A motion brought by counsel for the mother seeking to be removed as solicitor of record in a child protection proceeding scheduled for trial.

The mother's counsel sought removal due to financial hardship, as the mother had no capacity to pay further legal fees and did not qualify for legal aid.

The court dismissed the motion, balancing the hardship to counsel against the potential prejudice to the mother and the administration of justice.

The court found that the mother would be at a considerable disadvantage if forced to represent herself, particularly given the complexity of the case, the mother's limited English proficiency, and the fact that she would be facing experienced counsel for both the society and the father.

This was a review of a 2011 supervised custody order that had placed the children in the mother's custody subject to strict conditions to repair their relationship with their father.

The court found that the mother failed to comply with the order and continued to emotionally abuse the children by fostering a distorted, fearful reality of their father, amounting to severe parental alienation.

Relying on surreptitious audio recordings and CAS reports, the court concluded the children remained in need of protection.

Sole custody was transferred to the father, and the mother was restricted to supervised access during therapy sessions.

A child protection society sought an order placing two children in the temporary care and custody of their mother subject to society supervision, with the father to have access at the society's discretion.

The father opposed the motion and sought the children be returned to both parents on a week-on, week-off basis.

The court found reasonable grounds to believe the children faced risk of sexual and emotional harm based on evidence of sexually inappropriate behaviour by both parents, the father's history of sexual violence convictions in Utah, allegations of domestic violence, and the father's lack of insight into protection concerns.

The court granted the society's motion, placing the children with the mother under supervision and ordering the father's access remain discretionary pending full disclosure of his criminal and therapeutic records.

The mother appealed a motion judge's order finding her in contempt for failing to encourage the child's relationship with the father and taking active steps to discourage it.

The mother argued the motion judge erred by proceeding despite dispute resolution clauses and her request for a stay due to the father's financial non-compliance.

The Court of Appeal dismissed the appeal, finding the motion judge did not err in proceeding with the urgent matter involving high conflict and alleged parental alienation.

The Court also upheld the contempt finding, noting there was ample evidence, including the mother's own admissions, to support it.