Bryan G. Embree

The applicant was successful on his motion for interim exclusive possession of the matrimonial home, while the respondent's cross-motion for interim support was dismissed.

As the successful party, the applicant was presumptively entitled to costs under r. 24(1) of the Family Law Rules.

The court found the applicant's requested costs of $1,842.13 on a partial indemnity basis to be reasonable and ordered the respondent to pay this amount within 30 days.

The appellant appealed a Small Claims Court decision finding her liable for intrusion upon seclusion.

The appellant, a pilot, accessed the respondent's flight schedule via an Air Canada website and disseminated it to the respondent's estranged wife for use in divorce proceedings.

The appeal court upheld the trial judge's finding that the tort of intrusion upon seclusion was made out, emphasizing that accessing information for non-work related purposes and disseminating it without consent constituted an intentional invasion of privacy, which a reasonable person would find highly offensive.

The appeal was dismissed.

The applicant father sought shared custody of his biological daughter, access to his step-daughter, and a determination of child support and equalization.

The court granted sole custody of both children to the respondent mother, maintaining the status quo for access.

The court imputed an income of $36,000 to the applicant due to his failure to disclose financial information.

The court ordered the applicant to pay child support for both children, apportioning the step-parent support obligation based on the biological father's higher income.

For equalization, the court discounted a $38,500 mortgage debt owed by the applicant to his father to nil, finding it was unlikely to ever be repaid, resulting in a $75,000 equalization payment owed to the respondent.