Orlando S. Santos

Following a successful motion for child support, retroactive support, and post‑secondary expenses, the court determined the appropriate costs award.

The court addressed whether a litigant represented through a subsidized legal services plan was limited to recovering costs based on the reduced hourly rate actually charged by counsel.

Applying the objectives of costs awards under the Family Law Rules and the Courts of Justice Act, the court held that the retainer arrangement did not cap recoverable costs and that costs should reflect reasonable market rates.

Because the respondent behaved unreasonably in disclosure and failed to accept favourable settlement offers, the applicant was entitled to costs on a substantial indemnity basis, including costs of the settlement conference and motion.

Travel time was reduced by 50% and the final costs award was fixed at $19,034 inclusive of HST.

The applicant father brought a motion regarding child support for his three children, including his adult stepdaughter who was attending university away from home and had become estranged from him after discovering his marital infidelity.

The mother sought interim child support, a contribution to university expenses, and orthodontic costs.

The court found that the stepdaughter remained a child of the marriage and her estrangement did not disentitle her to support.

The court imputed $5,000 in undeclared hockey refereeing income to the father, found the table amount inappropriate for a child living away for university, and ordered the father to pay a proportionate share of the university expenses after deducting the child's contribution.