Nikan Barari

This is a costs decision following a family law trial concerning decision-making responsibility, parenting time, property equalization, child support, and special expenses.

The applicant sought costs, arguing he was more successful, while the respondent sought partial indemnity costs, claiming greater success.

The court found mixed success on financial issues, with the respondent succeeding on decision-making responsibility.

Neither party fully succeeded on parenting time, which was ultimately settled.

The court considered the parties' conduct, including unreasonable behaviour (applicant due to ABI, respondent regarding negative influence on children), and offers to settle.

Despite the applicant's financial hardship, the court ordered the applicant to pay the respondent $40,000 in costs, finding the respondent achieved substantial recovery on decision-making and some recovery on parenting time.

The parties separated in 2013 and have two children.

The father, who has an acquired brain injury, sought joint custody and shared parenting, while the mother sought sole custody and termination of the father's parenting time.

The court found that the father's brain injury impaired his ability to parent and control his anger, and that the mother had failed to protect the children from alienating comments about the father.

The court awarded sole custody to the mother but declined to terminate the father's parenting time, instead ordering a structured resumption of supervised therapeutic parenting time conditional upon the father engaging in parenting skills and anger management therapy, and the children engaging in reunification therapy.