Ryan Alto

This is a costs endorsement following a supplemental costs order.

The applicant, Mr. S, sought recovery of costs from the respondent, Ms. A, which included previous contempt penalties, appeal costs, motion costs, and trial costs.

Ms. A had filed for bankruptcy and sought to adjourn the costs hearing, which was dismissed.

The court confirmed Mr. S's entitlement to set off outstanding costs against child and spousal support.

Mr. S requested over $53,000 in costs for the hearing, while Ms. A argued for each party to bear their own costs or pay $13,000.

The court disallowed costs for multiple counsel (except for a bankruptcy lawyer whose retention was deemed necessary due to Ms. A's arguments) and noted the absence of an offer to settle from either party.

Ultimately, the court awarded Mr. S a partial recovery of $27,685, citing the lack of effort to resolve costs as a factor for the partial award.

The applicant father sought a transfer of primary care and decision-making responsibility for the parties' two young children.

The respondent mother had engaged in a severe and prolonged campaign of parental alienation, including making multiple false allegations of physical and sexual abuse to the police and children's aid societies, and sabotaging court-ordered reunification therapy.

The court found that the mother's conduct caused significant emotional harm to the children and that she was incapable of supporting their relationship with the father.

The court transferred primary care and decision-making to the father, ordered a 90-day period of no contact for the mother (save for supervised therapeutic time), and found the mother in contempt of a previous access order.