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The court awarded full indemnity costs against self-represented siblings who unreasonably opposed a guardianship application contrary to a prior settlement agreement.
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.
The court ordered the payor to pay $29,558 in child support arrears or face 30 days incarceration, rejecting his fabricated claim of financial hardship.
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.
Appeal dismissed; self-employed appellant failed to provide reliable documentation to prove pre-accident income.
The appellant, a self-employed carpenter, appealed an arbitration decision that set his weekly income benefits at the minimum rate of $185.60 rather than the maximum rate of $600.
The appellant argued that his pre-accident income should be based on 'draws' he received in the four weeks prior to the accident and anticipated profits from an ongoing contract.
The Director's Delegate dismissed the appeal, finding no error in the arbitrator's conclusion that the appellant failed to provide adequate and reliable documentation to prove his alleged earnings.
The appellant's request for appeal expenses was also denied.
Self-employed applicant's weekly income benefits calculated at statutory minimum where business suffered a loss.
The applicant, a self-employed carpenter, was injured in a motor vehicle accident and applied for statutory accident benefits.
The parties disputed the calculation of his weekly income benefits.
The applicant argued his income should be based on the four weeks preceding the accident, utilizing a 'work-in-progress' accounting method for an unfinished renovation contract.
The arbitrator rejected this method because the partnership was not paid in full for the work and ultimately suffered a loss.
The applicant failed to establish his income exceeded the deemed statutory minimum.
The arbitrator ordered the insurer to pay the minimum weekly income benefit of $185.60, plus the applicant's arbitration expenses.
