R. Karrass

The parties, engaged in high-conflict family litigation, brought multiple motions regarding the parenting schedule, school choice, and a request for a second section 30 assessment.

The mother sought to reduce the father's 14-day consecutive summer vacation and requested a new assessment, citing the child's emotional distress and the father's alleged interference with communications.

The father sought to de-register the child from a Hebrew school, claiming newly discovered Mi'Kmaq heritage, and requested decision-making authority over education.

The court found that the birth of the child's half-sibling constituted a material change in circumstances, justifying an interim variation to provide the mother with alternating weekends and summer vacation time to foster sibling bonding.

However, the court upheld the father's 14-day vacation, dismissed his motion regarding school choice as the mother had sole decision-making authority, and declined to order a costly second section 30 assessment.

The respondent filed a 14B motion but failed to serve it on the applicant, attempting a fraud on the court.

The motion was dismissed, and the applicant sought costs of $9,491.10.

The court found the applicant's costs request excessive but awarded $2,500 plus HST ($2,825 total) to fully compensate the applicant and admonish the respondent for his wrongful conduct.

The self-represented applicant sought an assessment of his former lawyers' accounts under the Solicitors Act.

The application was brought several months after the last account was rendered and after many accounts had been paid.

The court found no 'special circumstances' to justify the delay, noting that the applicant's desire not to alienate his lawyers while they were still working for him was insufficient.

The application was dismissed on the condition that the respondent law firm not seek to collect the remaining unpaid fees.