Emilee Fisher

This costs endorsement addresses the allocation of costs following a motion regarding parenting time and compliance with a Swiss court order.

The court apportions costs between the parties, considering divided success on the motion, the reasonableness and proportionality of legal fees, and the conduct of the parties and their counsel.

The decision provides a detailed analysis of the Family Law Rules as they pertain to costs, including the impact of offers to settle, divided success, and the behaviour of the parties.

This decision addresses the enforceability of a Swiss parenting order in Ontario and the obligations of a primary caregiver to facilitate parenting time under a voluntary, informal parenting-time arrangement.

The court finds that, absent recognition of the foreign order or a registered domestic agreement, it lacks jurisdiction to enforce the Swiss order under Rule 1(8) of the Family Law Rules.

The court sets out interim terms for facilitating parenting time and clarifies the positive obligations of a parent to ensure a child complies with parenting arrangements, including the imposition of consequences for non-compliance.