Court File and Parties
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
A.C.V.P.
Applicant
– and –
A.M.T.
Respondent
Counsel:
William R. Clayton, Counsel for the Applicant
Anna L. Towlson, Counsel for the Respondent
Before: The Honourable Mr. Justice D.J. Gordon
Supplementary Endorsement Re: Costs
1The issues requiring determination in this 30 day trial pertained to custody, access, child support and spousal support. The parenting dispute consumed most of the time.
2In my reasons for decision, 2019 ONSC 1559, I granted an order for custody of the children in favour of the applicant father and continued supervised access of the respondent mother. Further, I directed the mother to obtain a psychiatric assessment report and that her access be reviewed thereafter. I remain seized on that issue.
3At the commencement of trial, counsel were able to negotiate a resolution of the property and support arrears issues. One of the terms of their agreement was to cap liability for costs of the “remaining outstanding issues” at $30,000. Of some interest, counsel had estimated the trial would require 10 days.
4Counsel for the father, Mr. Clayton, now seeks a cost award in the agreed upon amount. Ms. Towlson, counsel for the mother, opposes this request.
5The “remaining outstanding issues” have not been fully determined and in my reasons, I expressed concern the opinion evidence regarding mother’s mental health was not tendered at trial. I concluded both parties had the evidentiary onus on this issue. I also opined a section 30, Children’s Law Reform Act, assessment ought to have been requested at the outset of this case.
6In result, I conclude a determination of costs liability is premature. I will entertain the request at the completion of the access review.
D.J. Gordon J.
Released: April 18, 2019
COURT FILE NO.: 49578-14
DATE: 2019-04-18
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
A.C.V.P.
Applicant
– and –
A.M.T.
Respondent
REASONS FOR DECISION
D.J. Gordon J.
Released: April 18, 2019