Jolanta Barbara Bula

This motion concerned the applicant's request for financial disclosure and an advance on equalization.

The court granted most of the production orders, including the respondent's 2020 T1 tax return, TD bank summary statements, Sun Life share valuation at separation, and most documents requested by the applicant's forensic accountant.

However, the motion for an advance on equalization was dismissed due to insufficient evidence regarding the necessity of funds and the applicant's inability to cover the costs.

The court heavily criticized both parties for non-compliance with electronic filing requirements, practice directions, and proper presentation of evidence, ultimately ordering no costs due to divided success and non-compliance.

The Applicant, Sarah Stoughton, sought costs following a 10-day trial where she was largely successful on issues of custody, primary residence, and child support.

The Respondent, Jessica O'Ney, argued for no costs.

The court found the Applicant to be the successful party and awarded costs on a partial indemnity basis, fixed at $19,000 inclusive of HST.

The court declined to make the costs enforceable by the Family Responsibility Office as only a small portion of the trial involved child support.

Additionally, the court determined the Respondent's 2018 income for child support purposes to be $27,889.40 Cdn and ordered monthly child support of $235 commencing September 1, 2019.

This judgment addresses a custody and parenting time dispute between two mothers, Sarah and Jessica, regarding their four-year-old son, Rory.

The primary issue was determining Rory's primary residence and school location, as the parents lived in different countries (Ontario, Canada and New York, USA) and the current equal parenting schedule was impractical for full-time schooling.

The court found joint custody inappropriate due to poor parental communication and awarded sole custody and primary residence to Sarah, with Rory to attend school in the Niagara Region of Ontario.

Specific parenting time was ordered for Jessica, along with child support.