Raymond Sharpe

Following a family law trial with divided success, all three parties sought costs.

The Applicant sought $55,365.48, the Third Party sought $29,893.47, and the Respondent sought $51,864.22.

The court found the Respondent's request for full indemnity costs entirely without foundation as he was largely unsuccessful and engaged in unreasonable conduct.

The Third Party was awarded $12,000 for successfully defending against the Respondent's trust claims, but denied costs for her cross-claim due to lack of evidence.

The Applicant was awarded $5,000, significantly reduced due to divided success on section 7 expenses and her disorganization which unnecessarily protracted the trial.

The maternal grandparents and mother sought a stay of an Ontario Court of Justice order that granted temporary care and custody of two children to their father pending an appeal.

The children had been living with the maternal grandparents after the mother voluntarily placed them there.

The Superior Court of Justice granted the stay, finding that the appeal raised serious issues, including whether a parent has priority over a grandparent, and that it was in the children's best interests to remain in their current, familiar environment with the maternal grandparents to minimize disruption pending the appeal.