Douglas D. Ferguson

This decision concerns a contested application regarding the guardianship of an incapable adult, Kathleen Power, and the resulting costs order.

The applicant, Karen Skinner, was successful in being appointed as guardian for property and personal care.

The court considered the effect of a prior settlement agreement and the conduct of the parties in determining costs, ultimately awarding full indemnity costs to the applicant, with a portion to be paid from the mother’s estate and the remainder personally by the unsuccessful, self-represented sisters.

This decision concerns a Default Hearing under the Family Responsibility and Support Arrears Enforcement Act, 1996, involving Christopher John Knotek's failure to pay child support arrears owed to Amy Lynn Knotek.

The Ontario Court of Justice found that Knotek owed $29,558.32 in arrears as of September 3, 2024, and had the ability to pay but deliberately failed to do so.

The court rejected Knotek's claim of financial hardship, noting misleading financial disclosure and significant corporate assets.

The court ordered full payment of arrears by March 14, 2025, ongoing monthly support payments, and imposed committal terms for defaults, including incarceration.

Costs were awarded to the Family Responsibility Office due to Knotek's bad faith and delays.