Brian D. Kinnear

Following a successful motion to change resulting in the father obtaining primary care of the child after a five‑day trial, the court addressed costs.

Although the mother reasonably contested the change despite an assessor’s recommendation favoring the father, the father remained the successful party.

The court emphasized the civility of the litigation and acknowledged the financial realities faced by both parties.

Costs were awarded on a partial indemnity basis but structured to avoid immediate enforcement against the mother due to her limited resources.

The award was fixed but not enforceable through family support enforcement mechanisms or set‑off against ongoing child support.

The father brought a motion to change the primary care of his five-year-old son from the mother in Orillia to himself in London.

The child had previously been in week-about care until starting school.

A privately retained assessor recommended the father assume primary care due to the mother's struggles with effective discipline and controlling her household.

The court weighed the benefits of the father's consistent parenting against the risk of separating the child from his mother and siblings.

The court granted the motion, finding that the child's need for consistent discipline to self-regulate his behaviour was paramount, and ordered primary care to the father with a detailed access schedule for the mother.