R. Shankar

The respondent father was successful in obtaining a temporary order for equal parenting time and sought costs of the motion.

The father had made an offer to settle for equal parenting time, while the applicant mother's offers were premised on unequal parenting time.

The court awarded the father costs of $3,400, representing approximately 70% of his actual costs, noting his reasonable offers to settle.

The court also ordered that the mother's payment of costs be deferred pending the determination of her claim for child support arrears.

The parties separated after living together for 17 years.

The applicant advanced a constructive trust and unjust enrichment claim regarding a 100-acre property owned by the respondent, which she was in the process of selling.

The applicant brought a motion under Rule 45.01 requesting that 50% of the net proceeds of the sale be held in trust.

The court found the balance of convenience favoured granting an order, but instead of holding funds in trust, ordered the respondent not to encumber her newly purchased property or dissipate the net proceeds of the sale.

The applicant mother brought a motion to change a final consent order regarding parenting time.

During the COVID-19 pandemic, the mother unilaterally reduced the respondent father's parenting time to weekends.

The father sought a temporary order returning to the pre-pandemic equal parenting schedule.

The mother opposed, citing the children's special needs and their recent progress at school.

The court granted the father's request for equal parenting time, finding it in the children's best interests, but granted the mother temporary sole responsibility for educational and health care decisions to reduce conflict.