Jacques J. Ménard

This costs endorsement followed a focused hearing to determine the Respondent father's income for child support and Section 7 expenses, specifically addressing the imputation of income from lump sum disability payments received through military service.

The Applicant was largely successful in her position that income should be imputed and grossed up for child support purposes, and was found to have made reasonable settlement offers.

The Respondent, who made no offers and maintained an unreasonable position, was ordered to pay partial indemnity costs to the Applicant.

Following a successful motion to change where the applicant obtained sole custody and permission to relocate the child, the applicant sought full recovery costs of over $34,000, alleging unreasonable behaviour by the respondent.

The court found the respondent's defence of the status quo was not unreasonable or in bad faith.

Considering the divided success on some minor issues and the reasonable expectations of the parties, the court awarded the applicant costs of $8,500 on a partial indemnity basis.

This case involved cross-motions to change a joint custody order.

The respondent mother sought sole custody, while the applicant father sought sole custody and permission to relocate the child from Kingston to Borden, Ontario.

The court found a material change in circumstances, including the father's military relocation, the mother's mental health issues, poor judgment in parenting decisions, and ongoing parental conflict.

Considering the child's best interests, the court granted the father sole custody and permission to relocate the child to Borden, finding his plan offered greater stability and security.

The mother was granted access, with transportation responsibilities shared after an initial period.

Child support from the mother to the father was waived due to undue hardship.