C.A. Haber

The respondent father brought a motion to vary a temporary parenting order to allow for unsupervised, expanded parenting time.

The applicant mother opposed, citing a history of severe family violence and the father's prior criminal convictions.

The Office of the Children's Lawyer (OCL) recommended a stepped-up supervised parenting plan, which the father rejected.

The court dismissed the father's motion, finding no compelling circumstances to alter the status quo or bypass the OCL's recommendations, and emphasized the need to protect the children's safety and well-being.

Following a fifteen-day trial where the applicant was successful in her claims for spousal and child support, the court determined the issue of costs.

The applicant sought full recovery costs of $346,216.55 based on offers to settle that were more favourable to the respondent than the trial outcome.

The court found that the applicant's offers engaged Rule 18(14) of the Family Law Rules, entitling her to full recovery costs.

However, finding the claimed amount extraordinarily large, the court fixed costs at a fair and reasonable amount of $175,000 inclusive of disbursements and HST.

The parties separated after a seven-year marriage.

The applicant sought child and spousal support, arguing the respondent's income should include substantial funds he regularly received from his grandfather's company.

The respondent argued the applicant was intentionally unemployed and that the funds were gifts.

The court imputed a part-time income of $18,000 to the applicant, finding she could work despite her childcare responsibilities for their autistic child.

The court imputed $246,000 annually to the respondent, finding the family gifts were a settled pattern that entrenched their lifestyle.

The court ordered significant ongoing support and arrears, vested the respondent's interest in the matrimonial home in the applicant to satisfy an equalization payment, and ordered a charge on the respondent's condominium as security for support due to his history of deceit and risk of absconding.