Brigitte Chantal Barsalou

This costs decision follows a complex family law trial between Barbara Lang-Newlands and Ian Newlands.

The court reviews the parties’ conduct, settlement offers, and relative success on issues, ultimately awarding the applicant, Barbara, $2,800,000 in costs.

The decision details the application of the Family Law Rules regarding offers to settle, the reasonableness of the parties’ behaviour, and the principles guiding costs awards in family law litigation.

The applicant brought a motion seeking exclusive possession of the matrimonial home, primary residence and sole decision-making for the children, and supervised parenting time for the respondent.

The court noted highly conflicting and untested affidavit evidence regarding serious allegations of abuse and parenting.

The court ordered a Section 30 assessment to be conducted by a psychologist or psychiatrist.

Pending the assessment, the court ordered temporary-temporary nesting arrangements for the matrimonial home, a specific shared parenting schedule with the children's nanny present during the respondent's time, and general communication rules.

The court declined to make findings on most allegations due to conflicting evidence but noted concerns regarding the respondent's anger management and inappropriate communication about the youngest child, which influenced the temporary parenting plan.

This endorsement addresses the admissibility of extensive hearsay evidence, particularly statements attributed to children, presented via affidavit in a family law trial.

The court reiterated that while evidentiary rules may be flexible for children's best interests, the hearsay rule is not relaxed for trial affidavits.

It emphasized the "necessity and reliability" test for admitting children's hearsay, finding that the impugned statements lacked sufficient procedural and substantive reliability, especially given the children's vulnerabilities and the absence of independent corroboration.

The court largely disallowed the admission of the contested hearsay evidence.

The applicant father sought full recovery of costs related to a contempt motion where the respondent mother was found in contempt of prior court orders regarding parenting time and information sharing.

The mother's non-compliance led to the father having no contact with the child and unilateral decisions by the mother.

The court found the mother acted in bad faith due to her intentional breaches and efforts to alienate the child.

Despite the mother's financial circumstances, the court ordered her to pay $55,000 in costs to the father, emphasizing the seriousness of contempt and the need to sanction inappropriate litigation behaviour.

The mother was found in contempt of prior parenting orders, leading to the father being deprived of access.

The court imposed a $5,000 penalty on the mother and continued a temporary order placing the child in the father's primary care with specific parenting time for the mother.

The court also addressed an urgent motion to change parenting arrangements, finding jurisdiction to make temporary orders in the child's best interests, and requested a section 112 investigation by the Office of the Children's Lawyer.

The child's stated wishes were given little weight due to concerns about independence and potential influence.

The father brought a contempt motion against the mother for breaching prior court orders regarding parenting time and information sharing concerning their child.

The court found that the mother had intentionally failed to facilitate the child's relationship with the father, withheld medical and school information, and interfered with the child's communication with the father.

The judge determined that the mother's actions constituted willful disobedience and that she had not taken reasonable steps to comply with the orders.

As a remedy, the court ordered a change in the child's primary residence to the father, with the mother's contact suspended for 60 days, and granted the father temporary sole decision-making authority.

The decision emphasized the importance of upholding court orders and the negative impact of parental alienation on children.