P. MacLeod

The parties brought cross-motions to change existing final orders for spousal support, child support, and section 7 expenses.

The court determined the duration of spousal support, rejecting the applicant's request for termination and ordering it to continue until April 30, 2027, based on the total cohabitation period.

Retroactive spousal support amounts were adjusted based on the applicant's increased income, and arrears were calculated.

The court also addressed section 7 education expenses, ordering the applicant to reimburse the respondent for a portion of Adam's expenses but making no order for Heather or Jared.

The respondent brought a motion seeking a declaration that the applicant was in contempt of court for breaching a prior order.

The order required the applicant to regularly update the respondent on their child's activities and to remove all references to the respondent from her social media accounts and abstain from further references.

The court dismissed the allegation regarding updates on the child's counselling and psychiatrist, finding insufficient evidence of deliberate breach.

However, the court found the applicant in contempt for failing to remove and continuing to post videos that indirectly referenced the respondent on social media, interpreting "reference" broadly to include content identifiable by those acquainted with the parties.

The applicant's credibility was found to be very poor.

A hearing for sanction and costs was scheduled.

The defendant pleaded guilty to voyeurism, making child pornography, and distributing child pornography, offences facilitated by sexual interference.

The court considered the seriousness of the offences, the profound harm to the child victims, and the defendant's personal circumstances as a young first offender with a history of abuse and mental health issues.

Applying the principles of denunciation and deterrence from R. v. Friesen, balanced with the principle of restraint for youthful first offenders from R. v. Priest, the court sentenced the defendant to 18 months in a provincial reformatory, concurrently for each count, followed by three years of probation.

Ancillary orders included a DNA sample, lifetime registration on the federal sex offender registry, and a lifetime prohibition from employment or volunteering with persons under 16.

This endorsement addresses a request for costs following two motions heard together.

The respondent, who was deemed the overall successful party on the motions (one motion dismissed for the applicant, one granted for the respondent), sought substantial indemnity costs.

However, the court exercised its broad discretion, considering the applicant's partial success on an earlier related motion and, significantly, the respondent's improper conduct (parental alienation) which motivated the applicant's motion.

The court found that the respondent's conduct should not be rewarded with costs and that her own motion for an accounting was not strictly necessary.

Consequently, the court ordered that both parties bear their own costs.