Samantha Dimeno

The applicant sought costs of a successful motion for summary judgment dismissing the respondent's motion to change child support.

The respondent had provided misleading disclosure regarding his income source and was in breach of existing child support and cost orders.

The applicant had served a reasonable offer to settle that was more favourable to the respondent than the ultimate outcome.

The court awarded costs to the applicant on a full recovery basis, considering the respondent's unreasonable behaviour, the successful offer to settle, and the respondent's pattern of non-compliance with court orders.

The respondent brought a motion to change a child support order, seeking to reduce his monthly child support payment from $892.00 to $397.00 based on a claimed change in employment circumstances.

The applicant brought a cross-motion for summary judgment to dismiss the motion to change.

The court found that the respondent had misled the court by incorporating a company to evade child support obligations and enforcement by the Family Responsibility Office.

The respondent's claimed change in circumstances was found to be manufactured rather than genuine.

The motion to change was dismissed, and the court emphasized that the respondent had failed to comply with prior disclosure orders and had not provided evidence of a real change in financial circumstances.