Ross Pope

The applicant was successful on his motion for interim exclusive possession of the matrimonial home, while the respondent's cross-motion for interim support was dismissed.

As the successful party, the applicant was presumptively entitled to costs under r. 24(1) of the Family Law Rules.

The court found the applicant's requested costs of $1,842.13 on a partial indemnity basis to be reasonable and ordered the respondent to pay this amount within 30 days.

Following a successful appeal of a trial judge's order granting custody to the father and paternal grandparents, the court held a hearing to determine the appropriate disposition based on fresh evidence.

The court found that the mother and maternal family remained fixated on unproven allegations that the father sexually abused the child, posing a risk of emotional harm and further trauma to the child.

Consequently, the court ordered that custody remain with the paternal grandparents and the father, while the mother and maternal grandmother were granted supervised access, with a requirement for counselling before access could be expanded.

The mother appealed an Ontario Court of Justice order granting custody of her 6-year-old child to the father and paternal grandparents.

The mother argued the trial judge erred by denying adjournments, misapprehending evidence of sexual abuse allegations, and granting custody to non-parties without mandatory police checks.

The Superior Court found no error in denying the adjournments or assessing the abuse allegations.

However, the court held the trial judge erred in law by granting custody to the grandparents without compliance with the Children's Law Reform Act and without sufficient evidence of the father's parenting plan.

The appeal was allowed, and the court ordered the filing of fresh evidence to determine the child's best interests.