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

[ 1 ] On 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.

[ 2 ] The 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.

[ 3 ] The 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.

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

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

[ 6 ] In 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.

M.A. SANDERSON J.

Released: