Isaura Medeiros

A costs decision in a family law matter involving custody, access, and child support.

The father brought an application for custody and related orders, which the mother defended.

The case was characterized by high conflict and unreasonable conduct by the father, including bringing an urgent motion without notice, withdrawing from a mediation settlement, failing to respond to settlement offers, and ultimately failing to appear at the final hearing.

The mother was awarded full costs of $11,816.50 against the father.

Following a seven-day custody and child support trial where the applicant father was awarded sole custody, the court determined the issue of costs.

The applicant sought full recovery costs based on his successful offers to settle and the respondent mother's unreasonable conduct.

The court found the respondent acted in bad faith by making unfounded reports to the Children's Aid Society, breaching court orders, and deceiving the court, which made the trial inevitable.

The applicant was awarded full recovery costs of $95,364.90, payable forthwith.

The applicant father sought sole custody of the parties' three-year-old child following a high-conflict separation.

The respondent mother, who had primary care since separation, repeatedly denied access, made unfounded complaints to child protection authorities, and engaged in alienating behaviour.

The court rejected a joint custody or parallel parenting arrangement due to the parents' complete inability to communicate.

Finding that the mother would continue to marginalize the father if she retained primary residence, the court awarded sole custody and primary residence to the father, with generous time-sharing to the mother.

The court also imputed income of $60,000 to both parties for child support purposes due to the father's unreasonable business deductions and the mother's failure to provide financial disclosure.