Darnette Reid

This decision addresses the costs arising from a multi-year custody and access dispute between a maternal aunt (Applicant) and a temporary caregiver (Respondent Rikka Vescio) following the child's mother's death.

Although the main custody issue settled by consent, the litigation continued for 15 months over access, complicated by the child's immigration status and the aunt's adoption plans in the U.S. The court found the maternal aunt to be the successful party in the overall litigation and awarded her $25,000 in costs, finding the respondent's conduct in prolonging the litigation unreasonable, despite her not formally claiming costs in her initial pleadings.

The accused pleaded guilty to multiple offences arising from two separate incidents.

The first incident on November 9, 2014 involved uttering threats to his mother, breaching a probation order, threatening to damage property, and committing mischief by kicking and damaging a door.

The second incident on November 17, 2014 involved assaulting a police officer by spitting on him while in custody.

The officer was exposed to the accused's saliva, raising concerns about potential transmission of Hepatitis C. The court imposed a sentence of 24 months less a day in a provincial institution with a recommendation for placement at St. Lawrence Valley Correctional Treatment Centre, along with a three-year probation order with multiple conditions.

A costs endorsement following a custody and access trial.

The father sought full recovery of costs from June 29, 2012 in the amount of $5,186.60, while the mother requested no costs be ordered.

The court granted custody to the father with extensive specified access to the mother.

The court awarded costs to the father as the successful party, but reduced the amount to $3,600 inclusive of fees, disbursements and HST, considering the factors under the Family Law Rules and the mother's limited financial circumstances.

The mother was permitted to repay the costs at $150 per month starting October 1, 2013.

A motion by the applicant mother seeking a declaration that the respondent is a parent of the oldest child for child support purposes, temporary custody of three children, temporary access restrictions, and temporary child support.

The respondent brought a cross-motion seeking temporary joint custody of his two biological children and expanded access.

The court found that the respondent demonstrated a settled intention to treat the oldest child as a member of his family during cohabitation and therefore stands in the place of a parent.

Temporary custody was awarded to the mother.

The respondent was granted graduated access to all three children, with the option to include the oldest child.

Temporary child support was ordered for all three children based on an imputed income.