Jonathan M. Quaglia

The applicant, Ann Marie Alexander Bedell, sought interim sole decision-making responsibility for the children and child support based on imputed income to the respondent, Camiel Wayne Bedell.

The court declined to grant sole decision-making responsibility, finding no evidence that joint decision-making was not in the children's best interests.

The court imputed income to the respondent based on his prior earning history, finding he was intentionally under-employed and that his decision to return to school was not a reasonable educational need in the circumstances.

Interim child support was ordered based on an imputed income of $137,610 per annum.

The respondent father brought a motion to change a final order, seeking sole custody of his 15-year-old son, Quinn, child support, and other financial and administrative orders.

The motion was initially deemed urgent due to the COVID-19 pandemic, but the court reconsidered this finding after reviewing all materials.

The court determined that most of the father's claims were not urgent under the strict COVID-19 urgency threshold.

While Quinn had moved to live with his father, the mother did not challenge this de facto arrangement, negating the urgency of a custody order.

The court ordered Quinn to remain enrolled in his current school in Chatham due to his special needs and the ongoing school closures.

The court also issued a mutual non-disparagement order, criticizing the father for involving Quinn in the litigation by submitting a purported affidavit from the child.

All other claims for relief, including child support and costs, were adjourned to a case conference.

The respondent husband sought full indemnity costs of nearly $100,000 following a family law trial regarding spousal support and equalization.

The applicant wife argued for a lower amount, noting her positions were not patently unreasonable and she recovered an order more valuable than the respondent's offer to settle.

The court agreed that costs should be payable on a partial indemnity basis, finding the applicant's positions arguable and her conduct reasonable.

Costs were fixed at $50,000 inclusive of disbursements and HST.

The applicant sought to enforce a trial judgment and costs award through garnishment.

The respondent disputed the interest calculations and the overall amounts owing, arguing that his settlement proposal should have stopped interest accrual.

The court dismissed the respondent's dispute, confirming the applicant's interest calculations for both prejudgment and postjudgment interest on the trial judgment and costs award.

The court also clarified the effective date of judgments and the power to amend for mathematical errors.

The respondent was given credit for payments made to the Sheriff's Office despite delayed release to the applicant.

In a family law proceeding, the respondent husband brought a motion to remove the applicant wife's solicitor of record, alleging the solicitor knowingly commissioned a false affidavit and backdated correspondence.

Following cross-examination of the solicitor and his assistant, the court found that the assistant had backdated the letter and lied in her affidavit without the solicitor's knowledge.

The motion to remove the solicitor was dismissed.

The court awarded $5,000 in costs to the applicant, noting the respondent's bad faith in seeking a Law Society investigation and barring the solicitor from future cases.

The plaintiff corporation brought an action seeking unpaid rent for farmland and payment under a written agreement requiring reimbursement for soil preparation work performed for a future crop.

The defendants counterclaimed for conversion of a logging skidder.

The court found the rent claim statute-barred.

After reviewing banking records and witness evidence, the court concluded the defendants had substantially paid their share of the skidder, defeating the conversion counterclaim.

The court further held that the written agreement requiring payment for farm preparation work was valid and not induced by economic duress, and judgment was granted for $18,000 plus pre‑judgment interest.