Danny Antonio Jr Gurizzan

The applicant father brought an urgent motion seeking sole custody, a restraining order, and a no-contact order against the respondent mother, following an alleged assault involving one of their children.

The mother had been criminally charged and was subject to an undertaking prohibiting contact with the children.

The court dismissed the urgent motion, finding no ongoing urgency as the children were safe with the father and the mother's undertaking already provided the requested protective measures.

The court encouraged the parties to discuss temporary arrangements for contact, decision-making, and child support, noting that any future urgent motions would need to meet established criteria.

Dirm 2010 Inc. was substantially successful in a construction lien trial, recovering over $1.3 million.

This decision addresses the issue of costs.

The court, Master C. Albert, fixed costs on a partial indemnity scale, considering factors such as the principle of indemnity, reasonable expectation of the payor, complexity, importance of issues, and proportionality.

Dirm's failure to make a formal settlement offer under Rule 49 resulted in a $6,000 deduction from the awarded costs.

The court also adjusted counsel's hourly rates, reduced the time claimed for a junior lawyer due to excessive docketed time as a student, and disallowed costs for two lawyers attending trial.

Costs were fixed at $354,151.19 payable by Prestressed Systems Incorporated to Dirm 2010 Inc.