Richard R. Marks

The respondent father brought an emergency motion seeking immediate joint custody and a week-about parenting schedule for an 11‑month‑old child.

The applicant mother opposed and sought sole custody with limited evening and weekend access for the father, along with child support.

The court held that the existing status quo, in which the child had primarily resided with the mother since birth, should not be materially altered on an interim basis given unresolved concerns about the father’s substance use and the condition of his residence.

The court ordered the child’s primary residence to remain with the mother while providing structured access for the father and requiring both parties to disclose information regarding substance use and home conditions.

Interim child support was also ordered.

Following a summary judgment motion in a medical negligence action where the plaintiff was largely successful, the court determined the appropriate costs awards.

The plaintiff sought substantial indemnity costs, which the court denied, finding the defendants did not act unreasonably in bringing the motion.

The court awarded the plaintiff $54,000 in partial indemnity costs after reducing the claimed hours for reasonableness.

The court also awarded the defendants $7,500 for their partial success on the motion and awarded Dr. Penning $12,000 for the dismissal of the action against him, with these amounts to be set off against the plaintiff's award.