Robert B Reid

The applicant and respondent both brought motions for temporary relief within a Motion to Change.

The applicant sought to alter the status quo parenting time established by a Texas divorce decree, add a 'no harassment' clause, and compel disclosure of the respondent's employer.

The respondent sought to maintain the parenting schedule, vacate a temporary supervision order related to his admitted alcoholism, and obtain specific orders regarding extracurricular activities.

The court dismissed both motions, save for ordering the respondent to disclose his employer's identity.

The court emphasized that interim changes to status quo parenting arrangements should not be made absent evidence of harm or necessity, especially with a trial scheduled in five months.

The supervision order was maintained pending trial to allow for tested evidence on the respondent's progress with his alcoholism.

Following dismissal of an estate application concerning whether funds in a joint bank account formed part of the deceased’s estate, the court addressed costs.

The respondent had successfully rebutted the presumption of resulting trust by establishing that the joint account was intended to operate as a trust benefiting specified beneficiaries rather than the estate.

The court held that no Rule 49 offer engaged substantial indemnity consequences and that partial indemnity costs were appropriate.

Costs were fixed at $21,289.68 inclusive of disbursements and HST.

The court also directed payment from security for costs and permitted a set‑off against trust funds otherwise payable to the applicant.