H.E. Warren

The applicant father sought an equal parenting time order for the three children, while the respondent mother sought primary care.

The parties continued to reside in the matrimonial home post-separation, leading to high conflict.

The court considered the best interests of the children under the Divorce Act, including factors like stability, relationships with parents, and the children's views.

The court ordered a temporary parenting schedule where the children would reside with the father on alternate weekends (Friday to Monday), every Wednesday overnight, and every Thursday (evening during school year, overnight during summer).

The court also ordered a privately funded Voice of the Child Report and mediation.

Costs were not awarded to either party due to their unreasonable behaviour and divided success.

This decision concerns costs following the Applicant's successful motion for spousal support, retroactivity, and release of joint home sale proceeds, where all relief was granted except security for support.

The court found the Applicant presumptively entitled to costs.

While the Respondent's affidavit evidence was deemed "unreasonable," the court declined to find bad faith, which requires an element of malice or intent to harm.

The Applicant sought full indemnity of $30,151.70, but the court, considering factors such as the importance and complexity of issues, conduct, and reasonableness of time and rates, awarded fixed costs of $15,000 to the Applicant, payable from the Respondent's share of the family home sale proceeds.