Deepa Tailor

This decision addresses urgent motions concerning child access during the COVID-19 pandemic.

Following a previous order for the respondent to have access, the applicant failed to comply, leading the respondent to seek enforcement and directions for contempt.

The applicant argued that formal orders had not been served and requested an independent assessment of the child's wishes.

The court rejected the applicant's arguments, finding that she did not take sufficient steps to ensure access and that the child's alleged unwillingness was not independent.

The court emphasized the custodial parent's positive obligation to facilitate access and issued orders for continued access, with police enforcement if necessary, along with procedural directions for future hearings and costs.

A family law trial concerning child support and special/extraordinary expenses under section 7 of the Child Support Guidelines.

The parties resolved all issues except the respondent father's share of special and extraordinary expenses claimed by the applicant mother for two autistic children as of January 1, 2017.

The mother sought contribution toward occupational therapy, cognitive behavioural therapy, applied behaviour analysis therapy, extracurricular activities, and post-secondary education costs.

The court found that extracurricular activities were not extraordinary expenses and dismissed that claim.

The court found that occupational therapy and cognitive behavioural therapy were necessary special expenses but limited the father's contribution to $175 per month based on the parties' limited means, rather than the proportionate income-based calculation the mother sought.

The court also dismissed claims regarding post-secondary education loans and prescription medications beyond a $200 monthly cap.