22 total
Court imposed interim parenting schedule pending trial where parties disputed time-share.
The applicant father brought a motion seeking a shared parenting arrangement of approximately 50 percent of parenting time and a corresponding adjustment to child support under the Child Support Guidelines.
The respondent mother brought a cross-motion seeking continuation of the existing primary residence arrangement with defined access, contribution to s. 7 expenses, counselling for the children, and conduct orders.
The court found the parties unable to agree on the parenting schedule despite both asserting the status quo should continue pending trial.
The court therefore imposed an interim parenting schedule based on the father’s shift-work schedule while reserving determinations regarding primary residence, daycare expenses, and potential adjustment of child support to trial.
The court also ordered counselling, mutual non-disparagement provisions, and updated financial disclosure.
Security for costs ordered after plaintiff failed to prove impecuniosity.
Multiple defendants brought motions seeking security for costs against a plaintiff who was ordinarily resident outside Ontario in two related civil actions.
The plaintiff argued impecuniosity and contended that an order for security would effectively drive him from the litigation.
The court held that the plaintiff failed to meet the high evidentiary threshold required to establish impecuniosity because he provided outdated financial disclosure and did not produce complete, current documentation regarding income, assets, liabilities, and borrowing capacity.
Finding the requested security amounts reasonable given the anticipated complexity and duration of the litigation, the court ordered the plaintiff to post security for costs in both actions, failing which the proceedings would be stayed.