Ryan Baker

The applicant brought a motion for a refraining order against the Family Responsibility Office (FRO) to prevent the suspension of his passport and driver's license, and for an order temporarily terminating his spousal and child support obligations.

The court dismissed the motion for a refraining order, finding the applicant failed to establish a prima facie case or clean hands, as he had unilaterally reduced and stopped support payments.

The court also dismissed the motion to temporarily terminate support, finding no urgency and a lack of clean hands under the Berta test.

Following the dismissal of the applicant's motion for bifurcation in a family law proceeding, the respondent sought costs of $16,530.75 on a substantial indemnity basis.

The respondent relied on an offer to settle made prior to the motion.

The court found the respondent was entitled to full recovery costs from the date of the offer, but only partial indemnity costs prior to that date.

The court also excluded costs claimed for steps not directly related to the motion.

The court fixed the respondent's costs at $5,763 inclusive of HST.