Dean J.D. Moldenhauer

Following a previous endorsement granting the respondent's motion for an extension of time to file a financial statement, the court received written submissions on costs.

The court had ordered costs payable to the applicant as a term of indulgence rather than for bad faith.

The court fixed the costs of the motion at $1,500, payable forthwith by the respondent.

The moving party sought an extension of time to file a financial statement in the context of an underlying motion to change access and child support.

The responding party opposed the extension, arguing the moving party should be barred from further participation due to his failure to provide financial disclosure or file tax returns for three years.

The court granted the extension to prevent prejudice to the children, but imposed conditions including costs and a strict deadline for a settlement conference.

The applicant moved for interim spousal support, seeking between $500 and $800 a month.

The parties had been married for 28 years and separated in 2013.

Both parties earned approximately $40,000 annually, with the respondent's income derived from a WSIB pension.

The applicant argued that additional income should be imputed to the respondent based on alleged cash work and unexplained deposits.

The court rejected the request to impute income, accepting the respondent's explanations that the deposits were from a cashed RRSP and transitional banking measures, and that he did not work for cash at his friend's shop.

The motion was dismissed with costs awarded to the respondent.

Following several family law motions concerning parenting time with a young child, both parties sought full indemnity costs.

The court found that success was divided but that the applicant was successful on the most significant issue—obtaining overnight parenting time.

The respondent had advanced allegations of domestic violence that were unsuccessful, while the applicant succeeded on arguments relating to parental alienation.

The court declined to award full or substantial indemnity costs and instead fixed partial indemnity costs at $4,500 payable by the respondent.