Omarr Syed

This is a costs decision following a trial regarding parental access to a child.

The respondent sought costs on a partial indemnity basis in the amount of $8,976.38 after obtaining unsupervised access and increased holiday access contrary to the applicant's position.

The court considered the presumption that a successful party is entitled to costs under Rule 24(1) of the Family Law Rules, but balanced this against the applicant's limited financial circumstances and the impact on the child's welfare.

The court found the applicant's litigation position was not taken in bad faith, though it was not supported by the facts.

The court awarded reduced costs of $4,500.00, structured as a deferred credit to be applied toward future section 7 expenses for the child.

The Township of Tay sought an interlocutory injunction to stop the respondents from operating a large-scale cannabis grow operation in a residential area zoned Village Commercial (C1), which violated the Township's Zoning By-Law.

The respondents, licensed for medical cannabis production, argued the by-law was vague and that their activities were for personal medical use.

The court applied the RJR-MacDonald test for interlocutory injunctions, finding the Township had a strong prima facie case, would suffer irreparable harm (due to by-law enforcement in the public interest), and the balance of convenience favored the Township.

The injunction was granted, effective January 15, 2019, to allow relocation.