R. Startek

The applicant father brought a summary judgment motion to finalize parenting issues that had been largely settled by earlier minutes of understanding.

On the day of the motion, the parties agreed to a final consent order on the substantive issues but could not agree on costs.

The court rejected the respondent mother's argument that an unaccepted offer to settle precluded a costs award.

Finding that the applicant acted reasonably and the respondent unreasonably delayed the proceedings, the court awarded the applicant $7,000 in costs.

The matter was scheduled for a three-day trial regarding an application to terminate or reduce spousal support.

The parties failed to attend, and their counsel requested an adjournment due to a miscommunication by an agent and a lack of a settlement conference.

The court refused the adjournment, noting the prejudice to the judicial system and other litigants.

Counsel subsequently presented minutes of settlement withdrawing the claims on a without prejudice basis.

The court rejected this approach to prevent misuse of judicial resources and dismissed the claims in the Application and Answer, requiring leave of the court for any future proceedings.