The applicant father brought a motion to change the child's surname to a hyphenated name, arguing a material change in circumstances due to increased access and bonding.
The respondent mother, who has sole custody, brought a cross-motion to enforce a prior consent order regarding section 7 expenses, life insurance, and RESP contributions.
The court dismissed the father's motion, finding that under the Change of Name Act, only a person with lawful custody can apply for a name change, and the father had not sought to vary the custody order under the Children's Law Reform Act.
The court granted the mother's enforcement motion, ordering the father to authorize direct dental claims, pay his share of guitar lessons, provide proof of life insurance, and deposit $10,000 into the mother's RESP for the child.