Meghan Yvonne De Souza

The court determined costs following the striking of a notice of appeal for lack of jurisdiction and the dismissal of a related motion in a family law proceeding.

The self‑represented applicant had alleged bad faith against the respondent’s counsel, requiring the respondent’s counsel to retain separate counsel to address both the appeal and motion.

Bills of costs were filed by both counsel.

While acknowledging the applicant’s self‑represented status and financial circumstances, the court found the claimed costs reasonable and only slightly reduced them.

Costs were awarded to the respondent in the amount of $3,800 inclusive of HST.

In a family law motion concerning a young child, the paternal grandparents obtained an ex parte order granting them interim custody following the mother's apparent suicide attempt.

The mother subsequently brought a motion seeking the child’s return.

Given the conflicting affidavits, extensive hearsay, and lack of detailed evidence, the court declined to make credibility findings and scheduled an expedited hearing with viva voce evidence.

Pending that hearing, the court fashioned an interim access arrangement allowing the mother supervised parenting time while the grandparents retained primary care.

The order was made on an interim, interim basis in the best interests of the child pending a fuller evidentiary record.