Mark Nickolis Demeda

This is a summary judgment motion under the Child and Family Services Act where the Children's Aid Society sought a permanent custody order (section 57.1) placing a child with the paternal grandmother.

The biological mother opposed the motion and sought return of the child to her care, alternatively requesting a supervision order or access arrangements.

The court found no genuine issue for trial regarding the child's continued need for protection and determined that placement with the grandmother was in the child's best interests.

The mother's evidence of progress in mental health treatment was insufficient to overcome concerns about her lack of engagement with the child over one year, her refusal to permit home visits, and her ongoing behavioral issues during access visits.

Following a four-day family law trial regarding a motion to vary child support and a claim for child support from the other parent, both claims were dismissed and child support arrears were fixed.

The court considered the costs consequences under Rule 24 of the Family Law Rules.

The successful party sought full recovery costs alleging bad faith conduct including failure to provide disclosure, inaccurate financial statements, and unreasonable litigation conduct.

The court found no bad faith but concluded the responding party’s conduct and testimony unnecessarily prolonged the trial.

Costs were awarded in a reduced amount reflecting the successful party’s entitlement while excluding costs related to an earlier motion.