Patrick Schmidt

The respondent in a family law proceeding brought a motion to adjourn the trial scheduled for January 2016 to April or May 2016.

The moving party argued that an adjournment was necessary due to outstanding expert reports, incomplete questioning, and a pending section 30 assessment report.

The responding party opposed the motion, citing prejudice and the moving party's failure to comply with previous timetables.

The court dismissed the motion, finding that the moving party had twice consented to trial dates and failed to comply with the associated timetables, and that further delay would prejudice the responding party and the parties' child.

Following a 16‑day family law trial in which the applicant was successful, the court determined the appropriate costs award after 15 years of litigation.

The applicant sought full indemnity costs exceeding $777,000, arguing the respondent engaged in bad faith conduct and unreasonable litigation behaviour, including misleading evidence about property ownership and income.

Applying Rule 24 of the Family Law Rules, the court found the respondent acted in bad faith and repeatedly frustrated the litigation process.

The court held that full recovery costs were appropriate and rejected arguments based on proportionality and inability to pay.

Costs were fixed at $716,711.11 in favour of the applicant.

The moving party father brought a motion to terminate child support, incurring nearly $400,000 in legal fees, which was ultimately dismissed.

The responding party mother, who was largely self-represented but utilized unbundled legal services, sought costs.

The court found the father's conduct unreasonable and disproportionate to the financial issues at stake.

The court awarded the mother $90,000 in costs, recognizing the need to compensate self-represented litigants and those using limited scope retainers to ensure access to justice.

In a family law proceeding between unmarried cohabiting parties with two children, the respondent sought disclosure relating to the applicant’s assets and financial circumstances.

The respondent advanced a claim of unjust enrichment based on a joint family venture and requested valuation reports for corporate interests, stock options, and other assets, as well as a completed net family property statement to assess wealth accumulated during cohabitation.

The court held that meaningful disclosure was necessary to evaluate the alleged joint family venture and ordered the applicant to obtain valuations and complete the financial disclosure.

The court relied on the principles from Kerr v. Baranow concerning the sharing of wealth created during cohabitation.

Directions were also given regarding disclosure timelines, questioning, and further case management prior to settlement conference.

The respondent father brought a motion to terminate or vary child support obligations established by prior consent orders, arguing that the parties’ adult child was no longer a dependent after changing schools, residing in Toronto for a period, and receiving student loans and grants.

The court found that the child remained a dependent due to documented learning disabilities and continued pursuit of a first undergraduate degree with a reduced course load.

The temporary change in residence and attendance at another institution did not constitute a change in circumstances warranting termination or reduction of support during the five‑year period contemplated by the consent order.

The court held the father to his contractual commitment to pay $5,000 per month child support and post‑secondary expenses for the agreed five‑year period.

For the sixth and final year of studies, support was recalculated based on the father’s income and set at $2,921 per month until completion of the degree.

A family law motion addressed the interim handling of disputed section 7 expenses held in trust by the respondent’s counsel pending a scheduled trial concerning the termination of child support for an adult child.

The applicant intended to seek dismissal or stay of the respondent’s motion to change for alleged non-compliance with a prior court order requiring continued payment of child support and post‑secondary costs.

The court considered the potential prejudice to both parties, noting the possibility that the respondent had substantially overpaid child support and might be unable to recover any overpayment if the funds were released.

Finding the respondent’s proposed alternatives reasonable and fair, the court ordered that the disputed funds remain in counsel’s trust account pending the outcome of the trial.

Costs were awarded to the respondent in the amount of $3,500, payable after judgment following the hearing.