Meghan Lawson

The applicant brought a motion for interim child and spousal support following the parties' separation.

The respondent claimed inability to pay and disputed entitlement.

The court found the applicant established a prima facie case for spousal support based on her need and the length of the marriage.

Due to inconsistencies in the respondent's financial disclosure and reported expenses far exceeding his reported income, the court imputed his income at $142,598 based on the average of his reported yearly expenses.

Interim child support and spousal support were ordered to commence following the sale of the matrimonial home.

The parties resolved a motion regarding parenting time and decision-making by way of Temporary Minutes of Settlement.

Both parties subsequently sought costs of the motion.

The applicant sought partial indemnity costs of $8,841.12, while the respondent sought $5,000.00.

The court found that neither party was entirely successful, as the settlement reflected a true compromise and neither party beat their respective offers.

Consequently, the court ordered that each party bear their own costs due to divided success.

The respondent father brought an urgent motion for leave to proceed with a motion regarding access and communication with the parties' two children, alleging the applicant mother had blocked access.

The mother opposed the urgency and alleged the father inappropriately discussed adult matters and the litigation with the children.

The court found a pressing need for judicial intervention but determined a case conference, rather than a motion, was the appropriate next step.

The court ordered a case conference to be scheduled and maintained the current access status quo pending the conference.

Following a successful motion to change a final family law order, the court determined the appropriate costs award.

The moving party had succeeded in terminating spousal support and varying child support due to reduced income, though a related contempt motion failed.

Applying Rules 24 and 18 of the Family Law Rules and the principles in Boucher v. Public Accountants Council for the Province of Ontario, the court assessed success, offers to settle, and the reasonableness of the parties’ conduct.

The responding party’s failure to provide reliable financial disclosure and repeated lack of preparation for conferences constituted unreasonable conduct that increased litigation costs.

The court rejected both the full indemnity claim and the responding party’s request for no costs, fixing a fair and reasonable total costs award.