Patrice A.J. Cote

The applicant father brought a motion to vary an interim parenting schedule to increase his overnight parenting time with the parties' 20-month-old twins and to permit him to enroll them in daycare.

The respondent mother opposed the motion, citing severe health concerns for one of the twins who was immunocompromised following a lengthy hospitalization for meningoencephalitis.

The court dismissed the father's primary requests, finding no compelling reason to change the status quo and noting that daycare posed an unacceptable health risk at this time.

The court ordered an alternative schedule proposed by the mother and requested the involvement of the Office of the Children's Lawyer.

Following a trial where the plaintiffs recovered $87,917 on a $15 million claim for breach of a royalty agreement, the court determined costs and interest.

The defendants had made a $400,000 offer to settle just prior to trial.

The court found the plaintiffs were successful on only one issue and failed to accept a reasonable offer.

Applying Rule 49.13, the court awarded the plaintiffs partial indemnity costs up to the date of the offer, and the defendants partial indemnity costs thereafter.

This resulted in a net costs award of $177,905.99 payable by the plaintiffs to the defendants.

Prejudgment interest was awarded at the Courts of Justice Act rate.