Esther Olufunke Abraham

A ten-day family law trial addressing custody, access, and child support for three children.

The father sought joint custody, specified access, and no child support obligation while in school.

The mother sought sole custody, supervised access, and retroactive child support from the date of separation.

The court awarded sole custody to the mother, established regular weekend access for the father in Toronto, and imputed income of $30,000 to the father for child support purposes, ordering $591 per month retroactive to August 2008.

The court found the father engaged in blameworthy conduct by not paying support and taking the position he had no obligation while in school.

The court also imposed restrictions on future litigation and criticized the conduct of both parties and their counsel during the trial.

In a costs endorsement arising from a guardianship application under the Substitute Decisions Act, the court determined responsibility for costs incurred up to and including January 4, 2012.

Applying estate-litigation costs principles and Rule 57 factors, the court held that ordinary civil costs rules govern subject to limited exceptions and found the responding party's conduct unnecessarily prolonged the proceeding.

The court rejected attempts to reduce costs based on legal aid billing rates and disallowed claimed prospective future legal work.

It fixed all-inclusive costs for both the applicant and one responding party, directed immediate payment from the estate, and required reimbursement by the other responding party.