O. Ayoola

The court determined costs following a contested motion for interim child support and a cross-motion for parenting time.

Both parties claimed success and relied on formal offers to settle.

The court found that success was divided, but the final order was closer to the applicant's position.

The applicant was awarded costs of $13,015.74 on a partial indemnity basis, payable in any event of the cause.

The accused was charged with five offences arising from an incident on the Six Nations Reserve: dangerous operation of a conveyance, failing to stop after an accident, flight from police, being unlawfully in a dwelling house, and carrying an imitation weapon (loaded pellet gun) for the purpose of committing an offence.

The trial proceeded over four days.

The Crown's evidence established that the accused fired a pellet gun at the complainant, engaged in a prolonged high-speed pursuit by police, struck another vehicle and failed to stop, drove over a spike belt, and fled on foot.

The accused testified that he was being chased by the complainant and his father out of fear for his life, and that the police were not pursuing him.

The court rejected the accused's evidence as incapable of belief and accepted the Crown's evidence.

The court found the accused guilty on four charges and dismissed the dwelling house charge due to insufficient evidence that the building met the statutory definition of a dwelling house.

The applicant mother brought a motion to enforce a consent order regarding access, seeking a police enforcement clause after the respondent father's counsel sent a letter unilaterally declaring the father would take the child to a hockey tournament on the mother's weekend.

The court declined to order police enforcement, noting the harm it causes children, but ordered that the father's access would be automatically suspended if he interfered with the mother's weekend.

The court awarded the mother full indemnity costs of $3,000 due to the father's unreasonable and high-conflict behaviour.

The court addressed a costs decision where the respondent failed to comply with court orders regarding the payment of costs and the production of financial documents, thereby disadvantaging the applicant and hindering settlement discussions.

The judge found the respondent's excuses for non-compliance to be "ludicrous." Despite neither party outperforming their offers to settle, the court awarded the applicant costs totaling $15,828.75, including HST and disbursements, due to the respondent's conduct.

The applicant sought spousal support, child support, arrears, and equalization of net family property.

The respondent's request for an adjournment was denied due to a history of delay and non-compliance with court orders.

The court imputed an income of $40,000 per year to the respondent due to his lack of financial disclosure and implausible claimed income.

Orders were made for ongoing child support, retroactive child support, section 7 expenses for post-secondary education, and an equalization payment of $11,850.96 to the applicant from the proceeds of the matrimonial home.

Spousal support was set at $1.00 per month until the child graduates, then increasing to $1,283 per month.