3 total
Applicant awarded $12,000 in partial indemnity costs due to divided success, delay, and non-disclosure.
Following a trial regarding child support, the court considered written submissions on costs.
The applicant sought up to $58,050 on a substantial indemnity basis.
The court noted that success was divided, both parties were responsible for an unacceptable 14-year delay, and the respondent failed to provide full financial disclosure.
Considering proportionality and the parties' unreasonable positions, the court awarded the applicant $12,000 in costs on a partial indemnity basis.
Child support Motion granted
The applicant mother sought retrospective and prospective child support and section 7 expenses from the respondent father.
The court imputed income to the father due to problematic rental business accounting and delayed application for disability benefits.
The court ordered prospective guideline child support, a percentage of future section 7 expenses, and a lump sum for retrospective support and expenses, while deferring the determination of post-secondary expenses as premature.
The court denied a mother's request to relocate her child to Labrador, maintaining joint custody and equal time-sharing.
The applicant sought custody of the child, child support, guardianship over the child's property, and permission to relocate the child's residence from Kitchener, Ontario to Happy Valley-Goose Bay, Newfoundland and Labrador.
The respondent opposed the relocation and sought custody with child support if relocation occurred.
The parties had previously entered into a mediation agreement providing for joint custody with equal time-sharing on a week-about basis.
The court determined that custody should remain joint with equal time-sharing, and denied the applicant's request to relocate the child, finding that such a move would be contrary to the child's best interests by dramatically reducing contact with the respondent father and disrupting the child's established relationships and community.
