Christine Lu

The applicant was successful on an urgent motion for sole custody and limited supervised access.

As the successful party, the applicant sought costs of $14,086.58 on a full recovery basis or $11,000.00 on a substantial indemnity basis.

The respondent opposed the costs, citing his good faith and dire financial situation.

The court applied the presumption under Rule 24 of the Family Law Rules that a successful party is entitled to costs.

Finding no circumstances to justify an elevated rate, the court awarded the applicant costs in the amount of $7,500.00.

The applicant mother brought an urgent motion for sole custody following the respondent father's arrest for domestic violence offences.

The father sought temporary access supervised by his family members.

The court dismissed the father's request for family-supervised access, noting concerns about the proposed facilitators taking sides.

The court ordered temporary supervised access for one hour per week at a supervised access centre for the older child only, finding no benefit to ordering access for the one-and-a-half-month-old infant in that environment.

Majority shareholders of a family-owned corporation sought relief under ss. 207 and 248 of the Ontario Business Corporations Act, alleging oppression, lack of disclosure, and misappropriation of corporate funds by another director.

They requested removal of the director, repayment of funds, corporate disclosure, and winding up of the corporation.

The court held that although the parties’ expectations of participation and disclosure were reasonable, the evidence did not establish conduct amounting to oppression, unfair prejudice, or unfair disregard within the meaning of the OBCA.

The court found that the dysfunction arose from mutual mistrust and uncooperative conduct among several shareholders rather than wrongful conduct by a single party.

The application to wind up the corporation was dismissed, but the court issued directions requiring financial disclosure, shareholder meetings, repayment of certain legal fees, and restoration of the prior officer and director status quo.