Dr. Handley-Derry

The father sought costs of $31,867.15 following an uncontested trial of his motion to change parenting arrangements.

The mother's response had been struck for failure to comply with previous costs orders.

The court found the father was presumptively entitled to costs as the successful party but reduced the quantum significantly.

The court declined to award costs for prior steps in the proceeding, noting the father sought costs for events where costs had already been decided.

The court also reduced the costs due to duplication of services by the father's two lawyers.

The father was awarded $7,317.55 in costs, and the mother was ordered to provide proof of payment before bringing any future motion to change.

On a family-law motion to change final parenting and financial orders, the court found a material change in circumstances because the parenting protocol established by the consent order had failed, including the breakdown of the mediation/arbitration mechanism and the anticipated process for expanding parenting time.

Applying the children's best interests, the court ordered a gradual expansion of the father's parenting time, including overnights, and removed the prior dynamic that allowed the mother to control the increase in access.

The court dismissed the request to compel school-board enrolment assessments, but held that unilateral educational decision-making without meaningful consultation could justify future change.

Financially, the court accepted that the moving party's income had fallen by more than 20 percent, reduced child support and spousal support, and held that private school tuition was no longer a reasonable section 7 expense in light of the parties' means.

The request for immediate sale of the matrimonial home was dismissed for lack of jurisdiction under the existing consent order, divorce was severed, and no costs were awarded.