Ira Marcovitch

The applicant sought costs of $10,771.37 following a successful motion for a temporary parenting schedule.

The respondent argued for no costs on the basis of divided success, as the schedule was limited to the period the parties resided in the matrimonial home.

The court found the respondent's refusal to agree to a parenting schedule unreasonable, necessitating the motion.

The court ordered the respondent to pay costs of $5,500 to the applicant.

The applicant mother brought a motion for the production of the respondent father's un-redacted Ontario Disability Support Program (ODSP) file pursuant to Rule 19(11) of the Family Law Rules.

The mother sought the records to assist in determining custody and access of their seven-year-old child, raising concerns about the father's mental health and his continuing eligibility for ODSP despite his doctor's notes stating he was stable.

The court found that the best interests of the child and related protection concerns took priority over the father's privacy rights.

The court ordered the production of the medical documentation from the ODSP file, but excluded the financial aspects as they were overly broad.