Justin Persaud

This trial concerned a mother's application for retroactive and ongoing child support for the parties' 18-year-old son, and for the father's proportionate share of post-secondary expenses.

The father had stopped paying child support and failed to comply with disclosure orders.

The court applied the Colucci framework for retroactive support, finding the presumptive start date to be March 1, 2019 (date of effective notice), and declined to depart from this date due to the father's blameworthy conduct and the hardship caused to the mother and child.

The court quantified the arrears and ordered ongoing support and contributions to post-secondary expenses.

Following a five-day trial regarding child mobility, the successful respondent mother sought full indemnity costs of $36,691.05.

The applicant father argued against a costs order due to his impecuniosity and its potential impact on his ability to pay child support and fund access.

The court found the father's litigation position unreasonable and noted the mother beat her offers to settle.

The court generally accepted that full indemnity costs were justified but moderated the quantum to $30,000 payable to Legal Aid Ontario in recognition of the father's current financial circumstances.