Joseph Sheridan

This is a costs endorsement following a motion decision concerning parenting arrangements for a 14-month-old child.

The maternal grandparents were granted temporary custody with limited supervised access for the parents.

The maternal grandparents sought costs of $30,932.17, while the parents requested no costs or costs fixed at $5,628.05.

The court found the maternal grandparents were successful parties entitled to costs but reduced the award significantly due to excessive time claims, the parents' limited financial circumstances, and concerns that the claimed amount could be used to intimidate the parents from pursuing legitimate positions.

The court fixed costs at $6,000 inclusive of fees, disbursements, and HST, payable at $250 per month commencing August 1, 2018.

The appellant appealed the dismissal of his motion to vary a final child support order.

He argued he had ineffective legal representation, that his adult daughter was no longer a child of the marriage, and that his medical condition prevented him from working.

The Divisional Court dismissed the appeal, finding no evidence of ineffective counsel, no palpable and overriding error in the finding that the daughter remained dependent while completing high school courses, and that the appellant had failed to provide sufficient medical evidence of his inability to work despite prior court orders.

This is a costs endorsement following an earlier decision.

The applicant, Mohammad Saleh Aminzadeh, sought an extension to file costs submissions and proposed paying $1,000-$1,500.

The respondent, Hamideh Karimian Aminzadeh, sought $9,000.

The court awarded the respondent $9,000 in costs, reflecting a substantial indemnity, due to the applicant's incomplete, edited, and illegible production, non-compliance with five production orders, intentional evasiveness, and living a lifestyle inconsistent with claimed income.

This was a costs decision following an earlier motion in a family law proceeding.

The court held that the respondent achieved primary success on the motion and was entitled to costs.

Taking into account the parties' submissions, proportionality, and the reasonable expectations of the parties, the court fixed costs at $2,750 inclusive of disbursements and applicable taxes, payable within 60 days.