M. Modell

Following a successful motion for access to a child, the respondent sought costs of $11,723.95 on a substantial indemnity basis.

The applicant suggested a range of $4,000 to $5,500.

The court found the respondent's claimed hours to be unreasonable and awarded costs of $6,780.00 inclusive of HST on a substantial indemnity basis.

The respondent father brought a motion for access to his child after the applicant mother unilaterally terminated his regular access in January 2020, alleging violence and abuse.

The court found the mother's allegations lacked independent evidentiary support and that her termination of access was improper and vindictive.

Applying the best interests of the child test, the court granted a temporary order for graduated access, beginning with alternate Sundays and progressing to alternate weekends, along with weekly telephone access.