Not attending

This is a costs endorsement following a motion brought by the City of Thunder Bay seeking to compel production of documents and to determine that the deemed undertaking rule would not apply.

The respondents opposed production of certain documents (ATR Applications) but agreed to inspection of the 2017 Settlement Agreement.

The court's prior decision found in favour of the respondents on both issues.

The respondents sought costs on a partial indemnity basis, claiming $9,863.08.

The City argued for a reduced award of $3,000.00.

The court awarded costs of $6,000.00 inclusive of fees, disbursements, and HST on a partial indemnity scale, finding that while the respondents were successful, there was some duplication of effort between senior and junior counsel that should be accounted for.

The Catholic Children's Aid Society brought a motion seeking a declaration that T.O.M., the biological father of a 15-year-old child, is not a parent within the meaning of the Child and Family Services Act.

The motion was supported by the child's mother and the Office of the Children's Lawyer.

The court dismissed the motion, finding that T.O.M. qualifies as a parent under the statutory definition because he was married to the child's mother at the time of birth, which triggers the presumption of paternity under the Children's Law Reform Act.

The court held that separation at the time of birth does not constitute an exception to the statutory definition of parent.

The applicant brought a motion to authorize registration of a collateral mortgage against the respondent’s home to secure existing and future child support, spousal support, and related obligations.

The land registry office required consent of the respondent’s current spouse because the property was a matrimonial home under s. 18(1) of the Family Law Act.

The spouse opposed registration except for existing arrears.

Relying on Maroukis v. Maroukis, the court held that a charge imposed by court order arises by operation of law and is not restricted by s. 21(1) of the Family Law Act requiring spousal consent.

The court authorized registration of the collateral mortgage and dispensed with the spouse’s consent.