Michael John Freeze

The respondent brought a motion for summary judgment in a custody application concerning their child.

The applicant opposed the motion.

The court found no genuine issue requiring a trial based on affidavit evidence.

The respondent had been the child's primary caregiver for over four years, with strong support from his family and physician.

The applicant lacked a coherent care plan, had financial difficulties, demonstrated anger management issues, posed a flight risk, and had not maintained respectful communication with the respondent or the court.

The court granted the respondent's motion and awarded him sole custody.

The applicant father sought to enforce a costs order made on March 20, 2013, in the amount of $2,000.00 against the respondent mother.

The mother sought to change the costs order pursuant to Rule 25(19)(e) of the Family Law Rules, arguing she had inadequate notice and was unable to present evidence regarding her ability to pay.

The court found that the mother was properly represented by counsel at the time the costs order was made, that counsel failed to file submissions and attend court without proper notice to the court, and that the mother could not now claim lack of knowledge or notice.

The court declined to change the order and confirmed the mother must pay $2,000.00 to the father's counsel within 30 days.

In a family law proceeding, the parties were unable to agree on the appointment of a counsellor for their child.

The court reconsidered a prior endorsement after discovering that the respondent’s written submissions had not been included due to a clerical error.

Upon reviewing both parties’ submissions and the qualifications and availability of proposed counsellors, the court revoked the earlier endorsement and issued a new order appointing a counsellor for the child.

The court appointed the applicant’s proposed counsellor as the primary choice and designated an alternate if the first counsellor declined.

The order also addressed parental cooperation with counselling and allocated responsibility for payment of counselling costs, including coordination with the mother’s benefit plan.

Following a prior endorsement directing the parties to agree on a counsellor for their child, the parties failed to reach agreement and the applicant provided written submissions proposing several counsellors.

The respondent did not provide written submissions.

After reviewing the proposed counsellors’ qualifications and availability, the court determined that any of three identified professionals were suitable.

The court ordered a process requiring the respondent to select one counsellor within ten days, failing which the applicant could choose.

The court also made interim orders allocating responsibility for counselling costs depending on the availability of coverage under the applicant’s benefits plan.

A costs decision following a motion regarding parental travel with a child.

The respondent mother sought permission to travel to England with the subject child during the holiday period.

The applicant father brought a counter-motion opposing the travel, citing concerns about the child's return.

The court granted the travel with restrictive conditions, including a cash security deposit.

The applicant sought costs of $2,000 on a partial recovery basis, citing the respondent's failure to disclose material facts including her marriage to a British citizen and her work visa.

The court awarded costs as requested, finding the respondent's selective disclosure of information unreasonable and contrary to the principle of coming to court with clean hands.

The appellants appealed a decision applying the doctrine of res judicata based on prior CCAA proceedings.

The Court of Appeal allowed the appeal, finding that the appellants were neither parties nor privies in interest to the prior proceedings.

The court noted that the appellants only participated as witnesses and that respondents' counsel had previously indicated that findings in the CCAA proceedings would not affect proceedings against other parties.