Darlene M. Rites

Following a successful motion regarding school registration for the parties' child, the applicant sought costs of $5,032.

The respondent argued for a reduced amount of $500 due to her financial circumstances, noting she was on social assistance.

The court found the applicant was entitled to costs and had made a reasonable offer to settle that justified an increased recovery.

While acknowledging the respondent's limited means, the court held that litigants of modest means must still act reasonably and consider offers to settle.

The court awarded costs of $4,000 to the applicant, payable at $50 per month.

The responding parent brought a motion seeking temporary sole custody, modification of the parenting schedule, and authority to register the parties’ four‑year‑old child in junior kindergarten.

The court held that the moving party had not demonstrated a material change in circumstances since the temporary parenting order, which had created a stable and functioning time‑sharing arrangement.

Given ongoing parental conflict and logistical challenges arising from the parties living in different parts of the city, the court concluded that neither parent should be granted sole temporary custody or authority to enroll the child in school.

The court determined that attendance at junior kindergarten was not mandatory and that, in the absence of parental agreement or a final custody determination, it was preferable that the child not attend school that year.

The motion to vary custody, school registration, and the parenting schedule was dismissed.