SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FC-14-0433
DATE: 20150810
RE: Jeffery Charles Joseph Dion, Applicant
AND
Crystal Amy Glasgow, Respondent
BEFORE: J. Mackinnon J.
COUNSEL: Lisa Sharp, Counsel, for the Applicant
Robie Loomer, Counsel, for the Respondent
HEARD: by written submissions
COSTS ENDORSEMENT
[1] The applicant father brought a motion returnable on June 30 asking for extensive relief. The position taken by the respondent mother was that the court should dismiss the motion in its entirety given that a settlement conference had been commenced, and was to have been continued before the conference judge. The respondent submitted that the motion should not be heard even though the settlement conference had not concluded and the case had not yet been set down for trial. I heard parts of the motion with respect to four time sensitive issues, but not with respect to issues more properly deferred to trial. I noted that the settlement conference should be reconvened as had been previously directed by the conference judge.
[2] On the issue of whether the motion should or should not be heard, success was divided. Nonetheless the respondent was required to prepare responding materials on all issues, and should have costs with respect to the preparation for the issues that did not proceed.
[3] With respect to the issues that did proceed, the applicant was unsuccessful on the central issue which was whether the child would be enrolled in junior kindergarten without the consent of both parents. He did obtain a slight reduction of child support based on the change in his income. The parties quickly agreed as to the allocation of the summer holidays between them such that the court was not required to adjudicate this issue. Indeed, I formed the impression that the apparent disagreement was more of a miscommunication between the parties. Nonetheless I accept that the applicant’s motion for summer access was necessary in order to resolve this issue in a timely fashion.
[4] I did allow the OCL update as asked by the respondent, with the difference that I requested the OCL to provide an alternate investigator having regard to concerns raised by the applicant in relation to the original investigator.
[5] For these reasons, the respondent is awarded partial costs of the motion. I have fixed these in the amount of $3500 inclusive. I direct that the costs are payable in the amount of $300 per month and that the payment schedule may be revisited by the trial judge who will have a more fulsome understanding of the financial circumstances of these parties.
J. Mackinnon J.
Date: August 10, 2015
COURT FILE NO.: FC-14-0433
DATE: 20150810
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Jeffery Charles Joseph Dion, Applicant
AND
Crystal Amy Glasgow, Respondent
BEFORE: J. Mackinnon J.
COUNSEL: Lisa Sharp, Counsel, for the Applicant
Robie Loomer, Counsel, for the Respondent
COSTS ENDORSEMENT
J. Mackinnon J.
Released: August 10, 2015