Court File and Parties

Court File No.: FC-19-00000084-0000 Date: 2021-01-29 Superior Court of Justice - Ontario

Re: B.J.M., Applicant - AND - R.H.M., Respondent

Before: The Honourable Mr. Justice D.J. Gordon

Counsel: S. Heeley, Counsel for the Respondent/Moving Party M. Scholz, Counsel for the Applicant/Responding Party

Heard: December 18, 2020

Supplementary Endorsement Re: Costs

[1] In my reasons for decision (2020 ONSC 8037), released December 22, 2020, I invited written submissions from counsel on the issue of costs.

[2] The respondent father was successful, in part, on his motion to regularize access. I declined to grant a Christmas access order given the short notice such would have caused. I am pleased to see, however, that a Christmas visit was arranged, at the request of the child.

[3] There can be no dispute that access would be increased, having regard to the report from the Children’s Lawyer and from the therapeutic counsellor. Indeed, the applicant mother did not oppose the child spending more time with father. However, she took the position it should be left to the child to make the request.

[4] This is a 9 year old child. But as I said in my reasons, parenting time is decided by the parents or the court. Mother’s position was not reasonable.

[5] Both parties seek a cost award. The applicant mother’s request is rejected.

[6] The respondent father seeks an award of $1,722.97. In my view, he is entitled to some costs but not in the amount sought. He was not fully successful. There is a history to this case involving high conflict as can be seen with respect to the older children.

[7] In result, the respondent father is awarded costs in the amount of $1,000.00, inclusive of HST and disbursements, payable by the applicant mother within 30 days of the release of this endorsement.

D.J. Gordon J.

Released: January 29, 2021