Christopher Young

The children's aid society brought a motion for summary judgment seeking an order for extended society care for two children, with access only to each other.

The mother opposed the motion, seeking the return of the children or placement with a friend or relative.

The court found no genuine issue requiring a trial, noting the mother's history of physical abuse, lack of insight, and failure to engage in programming.

The court granted the motion, ordering extended care for adoption and sibling access, finding it was the only prospect for a safe childhood.

The Applicant sought $4,200 in costs for a temporary custody motion.

The Respondent argued against any costs.

The court considered the Applicant's settlement offer, his non-compliance with a prior order, and the Respondent's ability to pay.

While the Applicant's offer was deemed unreasonable and his non-compliance noted, the Respondent's position on child support was found unreasonable.

Costs were fixed at $1,500 in favour of the Applicant.

The applicant father brought an urgent motion to vary a final order, seeking temporary custody of the parties' nearly 13-year-old daughter and termination of his child support obligations.

The child had, eight months prior, decided to reside with the father in Niagara Falls due to anxiety and dissatisfaction with the previous arrangement of shuttling between parents in Kitchener and Niagara Falls.

The court found the child's decision to be in her best interests, emphasizing the need for stability and criticizing the respondent mother's resistance to cooperation.

The motion was granted, awarding temporary custody to the applicant father and terminating his child support.

The respondent sought costs of $15,000 following a motion where he was successful on the issues of partition and sale of the matrimonial home and child access, but unsuccessful on temporary spousal support and the quantum of child support.

The applicant argued that the parties should bear their own costs.

The court found that the respondent was successful on the most important issues and awarded him costs, discounted to $7,500 to reflect the mixed results.

The costs were ordered to be paid forthwith or deducted from the applicant's share of the proceeds from the sale of the matrimonial home.

The applicant mother sought temporary orders for child support and a restrictive parenting schedule, while the respondent father sought increased parenting time, partition and sale of the matrimonial home, and spousal support.

The court expanded the father's parenting time to three days a week, finding the mother had unreasonably restricted his access despite his capability.

The court ordered the immediate partition and sale of the matrimonial home, finding no prejudice to the mother's equalization claims, and ordered her to pay $1,000 monthly in occupation rent.

The father was ordered to pay $21,600 in retroactive child support and $500 monthly in ongoing child support, with his spousal support claim dismissed.