Court File and Parties

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

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

[1] The 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.

[2] In 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.

[3] At 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.

[4] Counsel for the father, Mr. Clayton, now seeks a cost award in the agreed upon amount. Ms. Towlson, counsel for the mother, opposes this request.

[5] The “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.

[6] In 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