Katherine E. Orkin

On a motion to change under the Family Law Act, the applicant sought a retroactive variation of child support arising from a prior split-custody order after one child moved into her household.

The court held that the applicant was not jurisdictionally barred from pursuing a variation merely because, when the motion was commenced, neither child was then a dependent child within the meaning of the statute.

The court found entitlement to support for one child from September 2009 to February 2011, rejected a later period that had not been pleaded, and applied the D.B.S. framework to grant retroactive child support.

A retroactive award of $10,518.90, less amounts since paid, was ordered payable at $500 per month.

In this family costs endorsement following a successful appeal in a grandparent access dispute, the court held that the respondent grandmother's failure to disclose an existing final parenting order in the Ontario Court of Justice was patently unreasonable conduct under the Family Law Rules.

Although the successful appellant was presumptively entitled to costs, the court rejected submission that automatic offer-to-settle consequences under r. 18(14) applied because the offers sought relief outside the scope of the appeal.

Applying rr. 24(1), 24(4), 24(5), 24(10), and 24(11), the court found the bill of costs excessive, excluded time unrelated to the appeal, and fixed reasonable appeal costs at $7,500 inclusive.

The court then reduced that amount by $1,500 because the successful appellant had also acted unreasonably by failing to attend in the lower court, and ordered payment of $6,000 inclusive.