Douglas J. Green

The court determined costs following a trial of motions to change regarding child support.

The father sought to terminate child support for two children and reduce support for a third, while the mother sought contributions for section 7 expenses.

The court terminated support for two children but ordered ongoing support of $855 per month for the third child and fixed arrears at $6,357.

The mother obtained a better result at trial than her settlement offer.

The court awarded costs to the mother from the date of her settlement offer, finding that the father's failure to accept a reasonable offer was unreasonable behaviour.

Costs were fixed at $4,000 inclusive of fees, disbursements and HST.

The father brought a motion to change child support terms of a separation agreement dated December 11, 2006.

The father sought termination of child support for three children, rescission of arrears, retroactive support, and reimbursement of special expenses.

The mother sought dismissal of the motion and enforcement of arrears.

The court found that the father's child support obligation for Elizabeth terminated in November 2007 when she withdrew from parental control.

For Kathryn, support continued until December 2012 when she completed her undergraduate degree, but the father's obligation was reduced for periods when she attended university outside Toronto.

For Johnathan, support continued but was adjusted to $855 per month starting September 2013.

The court awarded the mother $35,688 for special expenses but credited the father $29,331 for support overpayment, resulting in a net balance of $6,357 owing to the mother.