3 total
Applicants ordered to pay $80,000 in substantial indemnity costs after abandoning meritless will challenge.
Following the dismissal of their minimum evidentiary threshold motion, the applicants abandoned their application challenging the validity of the deceased's will on grounds of undue influence and incapacity.
The court determined costs of the abandoned application.
Finding that the will challenge was entirely meritless from the outset and not prompted by the testator's actions or reasonable public policy considerations, the court ordered the applicants to pay the primary respondent's costs on a substantial indemnity basis in the amount of $80,000.
The other respondents were ordered to bear their own costs.
Appeal of child support order dismissed; father required to pay table support for university-aged child.
The appellant father appealed a motion judge's order requiring him to pay table child support and a percentage of section 7 expenses for his adult child attending university.
The father argued that the child attending university constituted a material change in circumstances under their Amending Agreement, and alternatively claimed undue hardship.
The Divisional Court dismissed the appeal, finding no error in the motion judge's interpretation of the agreement or her conclusion that the father failed to prove undue hardship.
The court also declined to remit the matter for a full hearing, emphasizing the principle of proportionality in child support variations.
Stay of lower court orders granted pending appeal in child custody dispute; security for costs denied.
The appellant mother brought a motion for a stay of two lower court orders pending her appeal.
The respondent father brought a cross-motion for security for costs.
The Court of Appeal granted the stay, finding that the appellant had an arguable appeal and that the balance of convenience and irreparable harm favoured her.
The Court ordered that neither party remove the child from Ontario, required the child's passport and birth certificate to remain with the Registrar, and maintained the status quo of alternating weekly physical custody.
The respondent's motion for security for costs was dismissed.
