Meaghan Patrick

This is a costs endorsement following the dismissal of the respondent's motion to change a support order.

The applicant, who successfully defended the motion, sought full recovery costs.

The court considered the modern costs rules and principles, including reasonableness and proportionality.

It declined to apply the full costs consequences of Family Law Rules subrule 18(14) to the applicant's offer to settle, finding it unreasonable due to the short acceptance period given to the self-represented respondent and its predetermination of costs.

Despite the respondent's modest means, his unreasonable conduct, including failure to work, provide financial disclosure, and make an offer to settle, warranted a costs award.

The court fixed costs at $4,000, inclusive of fees, disbursements, and HST, payable by the respondent in monthly installments.

The applicant society brought a 14B motion seeking final orders within an Amended Status Review Application, requesting custody of a child for the mother and fully supervised access for the father at a professional access centre.

The society sought to proceed on an uncontested basis without the father's consent, despite the father being served during a period when time limitations under Ontario legislation were suspended due to the COVID-19 pandemic.

The court declined to exercise its discretion to lift the suspension of the time limitation period applicable to the father, finding it inappropriate to proceed without the father's participation given the circumstances, including the closure of supervised access centres and the lack of information regarding the father's recent contact with the child.