P. Buttigieg

This was a costs decision following the dismissal of a family law motion for interim disbursements.

The court held that the respondent's offer to settle did not trigger Rule 18(14) because it was withdrawn before the hearing started, but it remained a relevant factor supporting a costs award.

The court rejected both parties' allegations of bad faith, while noting that the respondent's aggressive language warranted a modest reduction.

Applying the Rule 24(11) factors, the court awarded the successful respondent $3,000 inclusive of HST and disbursements on a partial indemnity basis, payable at the conclusion of the action.

The moving party father brought a motion for access to his two-year-old daughter.

The responding party mother argued the court lacked jurisdiction because the motion was brought after a 30-day deadline set in a previous order.

The court extended the time to hear the motion under Rule 3(5) of the Family Law Rules, noting the father had not seen the child in several months.

The mother sought supervised access, but the court found no basis for her concerns or that the father was a flight risk.

The court ordered temporary unsupervised access twice a week and prohibited the removal of the child from Ontario.