Elizabeth Porter

Following the dismissal of the applicant's Motion to Change Final Order seeking child support for an adult child with a disability, the respondent sought full recovery costs of $40,903.17.

The court found the respondent was entirely successful and presumptively entitled to costs.

While the applicant's general claim was not unreasonable, her counsel advanced highly unreasonable arguments and litigation strategies that unnecessarily protracted the trial.

However, considering the applicant's limited financial means, the adult child's active resistance to disclosure, and the respondent's inappropriate behaviour during testimony, the court declined to award full recovery costs.

Costs were fixed at $8,000, payable at $150 per month.

The applicant mother brought a summary judgment motion seeking sole custody, child support, and access at her discretion.

The respondent father, who was incarcerated, agreed to primary residence with the mother but sought joint custody upon his release.

The parties settled all issues except the custody designation.

The court applied the Hryniak test for summary judgment and the Kaplanis principles for joint custody.

Finding a history of high conflict, poor communication, and the father's frequent incarceration, the court concluded there was no genuine issue requiring a trial and granted the mother sole custody.