Russell Alexander

Following a 16-day family law trial with divided success, the court determined the appropriate costs award.

The respondent father was more successful on the parenting issues, which consumed the majority of the trial time, while the applicant mother was more successful on the financial issues.

Applying the Family Law Rules and considering the parties' delicate financial situation, the court ordered the applicant to pay $22,000 in partial indemnity costs to the respondent.

Following a 25-year cohabitation and marriage, the parties separated.

The respondent husband had become permanently disabled during the marriage.

The court determined the remaining financial issues, including equalization of net family property, child support, and spousal support.

The applicant wife, who had declared bankruptcy post-separation, was ordered to pay an equalization payment of $112,403.09 via pension transfer, ongoing set-off child support of $416 per month, and indefinite spousal support of $43 per month.

The court also ordered the applicant to maintain life insurance and health benefits for the respondent.

The applicant mother sought sole custody and primary residence of the parties' 12-year-old child, alleging the respondent father was abusive and controlling.

The father sought joint custody and a shared parenting regime.

The court found the mother's allegations of abuse were unsupported by independent evidence and that she had actively resisted including the father as a co-parent.

Relying on the expert evidence of a court-appointed child psychiatrist who recommended co-parenting, the court ordered joint custody and a shared equal parenting schedule, with a detailed dispute resolution framework including a parenting coordinator.