Michele Lauren Rabinovitch

The applicant brought a motion for temporary child support, spousal support, section 7 expenses, and the sale of the matrimonial home.

The court found the affidavit evidence from both parties to be highly contradictory on fundamental issues, including the children's primary residence, payment of expenses, and the parties' respective roles in the family business.

Given the irreconcilable evidence, the need for credibility findings, and an imminent trial scheduled in three months, the court dismissed the motion and reserved costs to the trial judge.

The father (respondent in the main proceeding) was successful on a motion to expand his access to the parties' child.

He sought costs of approximately $25,000 on a substantial indemnity basis or $19,000 on a partial indemnity basis.

The mother opposed the quantum, arguing it was excessive for a short access motion.

The court found the mother's behaviour unreasonable and not child-focused, as she attempted to prioritize financial issues over the child's best interests.

The court fixed costs at $10,000 all-inclusive, to be set-off against costs the father owed to the mother from previous orders.

The applicant sought an urgent order to dispense with the respondent's consent to travel to Portugal with their four-year-old child, Gabriel, for one month to visit her ill grandfather.

The respondent opposed the motion.

The court dismissed the motion, finding that the proposed trip was not in Gabriel's best interest, particularly given a recent order by Ferguson J. to expand the child's time with the father and a section 30 report recommending limiting vacations to one week.

The court criticized the applicant's unilateral actions, including booking non-refundable tickets without prior negotiation or disclosure of plans to the court.

Costs were awarded against the applicant.