Ella Aiaseh

The appellant challenged summary judgment dismissing his claim.

The court rejected both appellate arguments, upheld the motion judge’s credibility and documentary-evidence assessments, and found no palpable and overriding error.

The Applicant and Respondent A. S. Tsinoglou brought cross-motions concerning interim child support, spousal support, exclusive possession of the matrimonial home, interim access, and return of belongings.

The court addressed these issues prior to a case conference due to urgency and hardship.

The court found Santiago and Alejandra to be children of the marriage for interim child support purposes, awarded interim child and spousal support to the Applicant, and granted her exclusive possession of the matrimonial home (a leasehold interest) and maintenance payments from A. S. Tsinoglou.

Interim access was granted to A. S. Tsinoglou for Christian, and he was permitted to retrieve belongings.

The applicants, the maternal grandmother and maternal uncle, sought access to the respondent's two children following the death of their mother.

The respondent opposed the application and sought a restraining order, citing the children's trauma and the therapist's recommendation against contact with the maternal family.

After a case conference where the court expressed concerns about the merits of the application, the applicants withdrew their application and consented to the restraining order.

The only remaining issue was costs.

The court awarded costs to the respondent, finding that the applicants had prematurely commenced the court proceeding without waiting for therapeutic reports and had proceeded unreasonably despite clear indications from the respondent's counsel about the children's emotional state and the legal test regarding parental autonomy in grandparent access cases.