Karla Pollicelli

Following a seven‑day family law trial concerning custody, relocation, child support, and access, both parties sought full recovery costs.

The court found that success at trial was clearly divided: the applicant obtained sole custody, income imputation, and child support, but failed on her late‑raised request to relocate the child to Nova Scotia, while the respondent succeeded in maintaining the child’s residence in Ontario and obtaining a graduated access regime but failed on other financial and custody claims.

The court also found litigation misconduct by the respondent, including failure to pay child support despite sufficient income and inadequate financial disclosure.

However, the applicant’s late and inadequately supported mobility claim was central to the trial and undermined her entitlement to costs.

Balancing the divided success and litigation conduct, the court declined to award costs to either party.

The applicant mother sought sole custody, permission to relocate to Nova Scotia with the parties' two-year-old child, and child support.

The respondent father sought joint custody, opposed the relocation, requested increased access, and claimed undue hardship regarding child support.

The court awarded sole custody to the mother, finding a lack of cooperation and trust between the parents.

The relocation request was denied as the mother's plan was hastily formed and lacked concrete employment prospects, while the child's relationship with the father needed to be facilitated in Ottawa.

The court ordered a graduated access schedule for the father, imputed income to him for child support purposes, and dismissed his claim for undue hardship.