Lemooriya Ananthan

This endorsement addresses the applicant mother's delayed costs submissions for a prior motion where she was largely successful.

The court found the mother was entitled to costs for the previous motion, particularly for a private investigator's disbursement incurred due to the respondent father's misrepresentation of his employment status.

Despite the mother's significant delay (over six months) in filing costs submissions and failing to raise the issue at subsequent court appearances, the court exercised its discretion to award costs for disbursements to ensure justice, but disallowed legal fees due to the delay.

The father was ordered to pay $5,650 for disbursements and HST.

The applicant mother brought a motion seeking to strike the respondent father's Answer/Claim due to his breach of court orders for financial disclosure and child support, temporary child support with imputed income, a restraining order, and further financial disclosure.

The father consented to the restraining order and further disclosure.

The court found the father breached financial disclosure and temporary child support orders.

While declining to strike the father's pleadings as disproportionate, the court imputed an annual income of $60,000 to the father for temporary child support purposes, ordered temporary support retroactive to August 1, 2022, and imposed conditions on the father's ability to pursue his parenting time claim until he made a payment towards arrears and provided full disclosure.

The mother was awarded costs for the motion.