Natasha Razack

The applicant estate trustee brought a motion for an order appointing section 3 counsel under the Substitute Decisions Act for her father.

The respondents opposed the motion, arguing the court lacked jurisdiction because the underlying proceeding was not brought under the Substitute Decisions Act.

The court agreed with the respondents and dismissed the motion, holding that the plain wording of section 3(1) and relevant case law require the underlying proceeding to be under the Substitute Decisions Act for the court to have jurisdiction to appoint such counsel.

Following a successful Motion to Change regarding child support and income determination, the applicant mother sought costs.

The court found the mother was the successful party and that the father's unreasonable conduct regarding financial disclosure significantly increased the litigation costs.

The court awarded the mother costs of $204,913.81 on an elevated partial indemnity scale to reflect the father's unreasonable conduct.

The respondent father brought a motion for summary judgment seeking a week-about parenting arrangement for his four children.

The court found a material change in circumstances due to the children's maturation and their expressed preferences for equal parenting time.

Summary judgment was granted for the three older children (aged 17, 15, and 13) to commence an alternating weekly parenting schedule, giving significant weight to their consistent views and the importance of maintaining sibling relationships.

However, for the youngest child (aged 7) who has ADD and expressed ambivalent views, the court determined that a genuine issue of material fact existed regarding his best interests, requiring a trial to resolve his parenting schedule.