ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO. FS-11-373947
DATE: 20120830

BETWEEN: TATIANA MARIA OLHA MASYNK (Applicant)

AND : ROBERT L. WOLFF (Respondent)

BEFORE: M.A. SANDERSON J.

COUNSEL:
Ms. Cheryl Goldhart for the Applicant
Mr. Fareen L. Jamal for the Respondent

E N D O R S E M E N T re C O S T S

1On July 5, 2012, I heard two motions. The wife was seeking interim sole custody of their daughter Anastasia, born June 5, 2011. The husband was seeking access to Anastasia.

2The wife was seeking child support of $2,358 per month. I ordered the husband to pay child support of $1,633 per month. The husband had offered to pay child support of $1,263 per month.

3The parties had disagreed on access, the wife insisting on supervising access personally at her home; the husband seeking supervised access for two months at a supervised access centre, then unsupervised access after two months. I ordered access at the mother's home to be supervised by a mutually agreeable parenting professional at specified times on alternate weekends.

4In this case, neither party was clearly successful. Success was divided.

5Both parties were taking unreasonable positions, which necessitated the hearing on July 3, 2012.

6In all the circumstances, given the offers to settle, the behavior of the litigants and the divided success, I am of the view that there should be no order as to costs; that is, each party should bear his or her costs of the motion heard July 3, 2012.