Robie Loomer

The applicant moved for an interim order for the partition and sale of a jointly owned home under the Partition Act.

The parties had separated following an incident of family violence by the applicant against the respondent's child, resulting in the applicant's removal from the home.

The respondent opposed the sale, arguing it would prejudice her resulting trust claim to be determined at trial and would negatively impact the children.

The court dismissed the motion, finding that an interim sale would prejudice the respondent's trust claim and cause undue hardship to the children, who would be forced to move from their community.

Following a family law motion addressing parenting issues, school enrollment, and child support, the court determined costs arising from the motion.

The moving party had limited success, obtaining a slight reduction in child support and resolving summer access, but was unsuccessful on the central issue concerning enrollment of the child in junior kindergarten without both parents’ consent.

The responding party had been required to prepare materials for several issues that did not proceed due to the matter being better addressed at trial after a settlement conference.

Considering the divided success and the preparation required, the court awarded the responding party partial costs.

Costs were fixed at $3,500 inclusive, payable in monthly installments.

The applicant brought a family law motion addressing several interim parenting and support issues, including summer parenting time, child support recalculation following a change in employment income, and whether the child should be enrolled in junior kindergarten.

The court accepted that the applicant’s shift to a lower-paying full-time position was not voluntary underemployment but imputed modest additional income for potential summer employment and adjusted child support accordingly.

The court declined to order the child’s enrolment in junior kindergarten given disputed facts and the absence of a custody or decision-making order.

On the respondent’s request, the court directed the Office of the Children’s Lawyer to conduct an updated clinical investigation using a different investigator in preparation for trial.

Summer parenting time was resolved by consent.

A mother brought a motion seeking temporary sole custody, a restraining order, disclosure, and mental health assessment relating to the father’s mental health issues, including suicidal ideation and paranoid delusions.

The father sought joint custody and access.

The court found further information about the father’s treatment was required but declined to compel full medical record disclosure or a formal custody-access assessment at that stage.

The court granted the mother temporary custody and ordered that the father’s access be supervised until his mental health treatment stabilized and further information was provided.

A restraining order was issued restricting the father’s contact with the mother except regarding access.