Colin J. Thurston

The respondent brought a motion for summary judgment to dismiss the applicant's second Motion to Change a final child support order.

The applicant sought to reduce child support and rescind arrears, arguing a material change in circumstances and new evidence.

The court found no new evidence that was not available at the original trial and no material change in circumstances, as the applicant remained intentionally unemployed.

The court granted summary judgment, dismissing the applicant's Motion to Change, and ordered her to pay all outstanding costs and obtain leave before any further proceedings related to child support due to persistent non-compliance with court orders.

This endorsement addresses costs following a judgment in favour of the respondent, Mr. Delmoro, where the applicant, Ms. Thomson, was ordered to pay child support and her claims were dismissed.

Mr. Delmoro sought fixed costs of $17,151.72, while Ms. Thomson proposed $6,936.33.

The court applied Rule 24 of the Family Law Rules, noting the presumption of costs for the successful party.

Ms. Thomson's conduct was deemed unreasonable due to non-compliance with interim orders, failure to withdraw a meritless claim, and lack of settlement offers.

The court found Mr. Delmoro's requested costs reasonable and fixed them at $17,151.72, with $15,000 specifically allocated to child support enforcement through the Family Responsibility Office.

The applicant, Joan Thomson, sought spousal support and a declaration of unjust enrichment.

The respondent, Thomas Victor Delmoro, sought child support.

The parties, who cohabited for 27 years and have two children, separated in 2014.

The applicant failed to comply with multiple court orders for disclosure and did not attend trial, leading to the dismissal of her claims.

The court imputed an income of $60,000 per year to the applicant for child support purposes, based on her earning history and failure to provide financial information or explanation for unemployment.

Retroactive child support was ordered from April 1, 2014, and ongoing support for the remaining child, along with a contribution to Section 7 expenses.