Erin Caplan

The decision concerns a motion by Cornel Brenninkmeyer to vary a temporary consent order regarding uncharacterized support payments to Susan (Sam) Makepeace.

The court considered whether there had been a material change in circumstances, hardship, urgency, and whether the moving party came to court with clean hands.

The court found a material change in circumstances and ordered a reduction in support payments, but did not find clear hardship.

The order allows for further reduction if the trial is further delayed.

This uncontested trial addressed a high-conflict family dispute concerning decision-making and parenting time for a six-year-old child.

The respondent mother had repeatedly made unsubstantiated allegations of sexual and physical abuse against the applicant father, withheld the child from him for extended periods, and refused to cooperate with court orders and investigations by the Children's Aid Society (CAS) and the Office of the Children's Lawyer (OCL).

The court found the mother's actions constituted family violence, causing emotional and psychological harm to the child.

Consequently, the court ordered a change in the child's primary residence from the mother to the father, granted the father sole decision-making authority, and ordered the mother to pay child support and significant costs due to her unreasonable and intransigent conduct throughout the litigation.

The Applicant sought orders for a significant distribution from the net proceeds of sale of a jointly held property and substantial interim legal fees and disbursements.

The Respondent opposed, proposing a smaller, equal distribution of proceeds and challenging the quantum of interim fees.

The court ordered an equal distribution of $250,000 to each party from the sale proceeds and significantly reduced the Applicant's requested interim fees, ordering the Respondent to pay $725,000 for the Applicant's future litigation expenses.

The court found the Applicant's claims for spousal support and equalization had merit, but emphasized the need for reasonableness in fee requests and the complexity of financial disclosure.

This endorsement addresses multiple procedural issues in a family law case, including outstanding disclosure, scheduling of a long motion for spousal support, severing the divorce from corollary issues, and costs for settlement conferences.

The court found the respondent in breach of a disclosure order and ordered costs against him.

The court also granted the respondent's motion to sever the divorce, finding no evidence of prejudice to the applicant.

Significant costs were awarded against the applicant for wasting court time and the respondent's time during settlement conferences by not being prepared to sign an agreement she had negotiated.

Following the dismissal of the applicant's motion for interim disbursements, the respondent sought costs of $41,598.46 on a substantial indemnity basis.

The applicant proposed costs of $7,199 payable in the cause.

The court found the respondent's costs excessive, reduced the hours claimed, and determined that the respondent's offer to settle did not attract Rule 18 consequences.

Costs were fixed at $15,000 on a partial indemnity basis, payable within 30 days.