Margaret Leah McCarthy

The case concerns the final steps of a reference hearing to determine the distribution of proceeds from the sale of a corporate property following a winding-up order.

Key issues included the proper calculation and payment of Canada Revenue Agency (CRA) taxes, responsibility for a mortgage on the property, and the final determination of costs.

The court accepted the applicant's accountant's tax filings over the respondent's, found the deceased shareholder solely responsible for the mortgage, and awarded full indemnity costs to the applicant due to the respondent's persistent opposition and the complexity of the case.

The remaining funds in court were ordered to be paid to CRA first, with the remainder going to the applicant, as the respondent's share was in a negative position.

This is a costs endorsement following a trial where success was divided between the parties.

The respondent (mother) sought fixed costs of $22,600, while the applicant (father) sought his own costs.

The court found the mother to be the more successful party overall, particularly on the predominant issues of joint decision-making and parenting time schedule.

Applying principles of proportionality and reasonableness, the court fixed costs at $22,600 for the mother, with a portion attributed to child support for collection by the Family Responsibility Office.

This trial concerned decision-making responsibility and parenting time for the parties' child.

The father sought sole decision-making and a reduced parenting schedule for the mother, citing her past drug addiction, criminal charges, and communication failures.

The mother sought joint decision-making and continuation of the existing 2-2-3 alternating parenting schedule.

The court found significant mistrust and antagonism between the parties, impacting their ability to communicate.

The court ordered joint decision-making with final authority split: the mother for healthcare decisions and the father for education decisions, both after meaningful consultation.

The existing 2-2-3 alternating parenting schedule was maintained, rejecting the father's proposal for reduced parenting time for the mother.

The court also addressed child support arrears and ongoing support.

The applicant, Ronald Wojcicki, as estate trustee for Mary Thompson's estate, applied to pass his accounts.

The objectors, Mary's other children, raised several objections concerning Ronald's compensation for administering both Mary's and her deceased husband Terence's estates, his labour and mileage claims for cottage repairs, and the payment of legal fees from the estate.

The court reduced Ronald's compensation for Terence's estate by $10,000, finding that the in specie transfer of the cottage did not justify the full percentage-based compensation given the limited administration required.

However, the court largely upheld Ronald's other actions, including the reasonableness of his labour and mileage claims for cottage repairs and the decision to pay Terence's estate compensation from Mary's estate.

The issue of legal fees was deferred for review during costs submissions.

A parent appealed a decision granting summary judgment in a child protection proceeding that made two children Crown wards without access.

The appellant argued that fresh evidence regarding rehabilitation, sobriety, family supports, and the parent‑child bond warranted setting aside the order and proceeding to trial.

The court reviewed the applicable appellate standards for summary judgment in child protection matters and considered the proposed fresh evidence but found it either could have been adduced earlier or did not undermine the motion judge’s findings.

The court held that the motion judge properly relied on concerns including longstanding substance abuse, poor relationship choices, lack of cooperation with the child protection agency, and insufficient support structures.

The appellate court concluded that the motion judge made no reversible error and that the children’s best interests supported finality and permanency planning.