Kevin B. Peires

This endorsement addresses costs following a successful custody and access motion brought by the applicant, Muhammad Muddasir.

The applicant sought fixed costs of $6,116.77, which the respondent, Asfayeen Iqbal, opposed.

Applying Rule 24 of the Family Law Rules, the court affirmed the presumption of costs for the successful party.

Considering the applicant's offer to settle, the emergency nature of the motion, and the reasonableness of the legal fees, the court found the applicant's costs request justified.

The respondent's attempt to re-argue the original motion was deemed irrelevant to the costs issue.

The applicant sought an interim order for primary residence of the children and specific access for the respondent.

The respondent opposed, alleging parental alienation.

The court granted the applicant's motion, ordering primary residence with the father, structured weekend and weekday access for the mother, and mandating the use of Our Family Wizard for communication.

The decision was based on the children's best interests, considering the younger child's reluctance to spend more time with the mother, issues with school attendance, and the need to ensure continued contact while minimizing direct parental conflict.

A settlement conference was scheduled to move the matter towards trial.

The court considered costs for motions where both parties had partial success on disclosure issues.

The Applicant sought the Respondent's medical records, and the Respondent sought the Applicant's financial documents.

Both parties' conduct was deemed unreasonable, leading to the unnecessary hearing of the motions.

The Applicant's offers to settle did not meet the requirements for enhanced costs.

Given the divided success and unreasonable behaviour of both parties, the court ordered each party to bear their own costs.

In a family law application for custody and access, both parties brought motions for disclosure.

The applicant sought the respondent's medical and psychiatric records relating to his alcohol dependency and mental health issues.

The respondent sought the applicant's financial and employment records to determine her self-employment income for child support purposes.

The court ordered the respondent to produce his medical records related to mental health and alcohol dependency, finding that the best interests of the child outweighed his privacy concerns under the Ryan test for privilege.

The court also ordered the applicant to produce her bank statements for 2015, as she had not provided a financial statement for her business for that year.