Jodi Rebecca Fleishman

The applicant father sought a temporary order for primary residential care or an equally shared residential schedule for his nine-year-old son, alleging parental alienation by the respondent mother.

The mother opposed, asserting the child should continue to reside with her due to the child's wishes and fear of the father.

The court found the mother exerted significant influence over the child, supported his negative attitude towards the father, and minimized her own mental health issues.

The court dismissed the mother's allegations of abuse against the father and concluded that it was in the child's best interests to reside with the father temporarily, subject to specific terms for transition, counselling, and limited initial contact with the mother.

The applicant father sought to terminate child support for his eldest daughter and vary support for his youngest, along with other relief.

The respondent mother opposed and sought continued support, arrears, and costs.

The court found the mother substantially successful on all issues, including continued full table child support for both children, accelerated arrears repayment, and costs for a previously withdrawn motion.

The father's position was deemed unreasonable, and he rejected two reasonable settlement offers from the mother.

The court awarded the mother $22,500 in costs, noting the father's unreasonable conduct and the lack of detailed billing records from the mother's counsel.

The applicant sought substantial indemnity costs following two motions where the respondent's motion for security for costs was dismissed, and the applicant was granted supervised access.

The respondent argued for reserving costs to the trial judge or sought her own costs.

The court, applying Family Law Rules, found the applicant to be the more successful party and rejected deferring the costs decision.

Considering the importance of the security for costs issue and the parties' reasonable behaviour, the court awarded the applicant $9,000 inclusive of disbursements and HST, payable upon the trial judge's decision on trial costs.