2 total
The court ordered interim shared custody on an alternate week basis, emphasizing stability and discouraging parental conflict.
The applicant sought interim primary residence of the four children following separation and a unilateral move.
The respondent also sought primary care or shared custody.
The court, applying the best interests of the child test under the Children’s Law Reform Act, ordered interim shared custody on an alternate week basis.
The decision emphasized the need for stability and consistency, and discouraged parental conflict and "affidavit-wars" noting that both parents had demonstrated the ability to care for the children.
The Office of the Children’s Lawyer was appointed.
Full indemnity costs of $21,000 awarded to applicant following successful summary judgment motion.
Following a successful motion for summary judgment dismissing the respondent's claims, the applicant sought costs on a full indemnity basis.
The court found the respondent's conduct in the litigation, including ignoring a valid separation agreement and demanding oppressive disclosure, warranted full indemnity costs.
The court reduced the applicant's claimed hours and disallowed travel time, fixing costs at $21,000 inclusive of fees, disbursements, and HST.
