J. Schuman

The parties brought cross-motions regarding parenting time, custody, child support, and the sale of their jointly owned properties.

The applicant father sought expanded parenting time and the sale of the matrimonial home and cottage, while the respondent mother sought temporary sole custody, child support based on an imputed income of $234,500, and exclusive possession of the home.

The court granted the father's motion, expanding his parenting time, imputing his income at $40,000 for child support purposes, and ordering the immediate sale of the properties due to the parties' inability to afford them.

The mother's claims for sole custody and higher child support were dismissed, and she was ordered to pay $19,000 in costs.

The applicant sought full indemnity costs of approximately $75,000 following three motions in a family law proceeding.

The motions primarily dealt with the respondent's failure to provide financial disclosure regarding his corporate interests and the sale of properties.

The court found that the applicant was the successful party and that the respondent had acted unreasonably by repeatedly failing to comply with disclosure orders.

However, the court determined that the applicant's claimed costs were disproportionate to the work required.

The court awarded the applicant costs fixed at $43,200, inclusive of disbursements and HST.