Court File and Parties

Court File No.: FS-19-0032-00

Date: 2025-08-12

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

Dylan James McDonald

Ryan Keleher, for the Applicant

Applicant

- and -

Lindsey Coyle

Michael Cupello, for the Respondent

Respondent

HEARD: June 2-6, 2025, at Fort Frances, Ontario

Madam Justice R.A. Lepere

Reasons for Judgment

Facts

Relationship Background

[1] The Applicant, Dylan James McDonald ("Dylan") and the Respondent, Lindsey Coyle ("Lindsey") began a relationship in January 2018. Lindsey moved into a home owned by Dylan in June 2018 in Fort Frances, Ontario with her daughter, Landyn Coyle ("Landyn"), born December 12, 2012, from a previous relationship. Landyn was in the full-time care of Lindsey.

[2] Lindsey became pregnant in the Spring of 2019.

[3] On August 7, 2019, Lindsey was charged with second degree murder, criminal negligence causing death, theft over $5,000.00, forgery, and breach of trust. The charges arise further to events that took place while she was working as a nurse at the La Verendrye Hospital in Fort Frances, Ontario in 2015.

[4] She was arrested while she was five months pregnant. Dylan immediately decided to end the relationship and did not provide any support to Lindsey at that time. Dylan's step-mother, Marni McDonald ("Marni") assisted Lindsey in getting bail, acted as her surety, and provided Lindsey and Landyn with a place to live. Dylan's two half-sisters also lived with them. When Dylan learned of this, he ceased all contact with Marni which has continued to date.

[5] Lindsey and Dylan had very limited contact for the duration of Lindsey's pregnancy and Dylan began to question the paternity of the baby. Dylan did not continue to have any form of relationship with Landyn following the separation.

[6] Shortly after Lindsey's arrest, Dylan sold his home in Fort Frances and moved to Stratton, Ontario. Stratton is located approximately 59 kms from Fort Frances. It takes approximately 45 minutes to drive from Stratton to Fort Frances. Dylan was originally from Stratton and has family there. He moved into a house owned by his grandparents. He made the move knowing that Lindsey was pregnant and resided in Fort Frances.

[7] There was substantial evidence presented in this trial about things that the other party did or said during the relationship or shortly after the separation. I do not consider same to be overly relevant given the amount of time that has passed since the end of the relationship. There was no evidence that the behaviours noted in 2018 and 2019 by the parties continued within the last five years. Both parties gave evidence that their son should spend as much time as possible with the other parent, subject to issues created by the geographical distance between them.

Co-Parenting After Lincoln's Birth

[8] Lindsey gave birth to their son, Lincoln Lawrence Coyle-McDonald ("Lincoln") on December 12, 2019. Immediately following the birth, Dylan retained a lawyer, commenced this application, and requested that a paternity test be done to confirm that Lincoln was his child. In the event that Lincoln was his child, he was seeking an order for parenting time on a 50/50 basis.

[9] Lindsey continued to reside with Marni and Dylan's two half-sisters, and was Lincoln's primary caregiver.

[10] It was determined that Dylan was Lincoln's father and a temporary, without prejudice order was made on February 3, 2020, further to an agreement reached between the parties to establish a schedule for Dylan to have parenting time with Lincoln. It was agreed that Dylan would have access to Lincoln on a two-week rotating schedule with three two-hour visits in week one and four three-hour visits in week two, as well as other times agreed to by the parties. Dylan would pick up Lincoln and spend time with him at his aunt's house in Fort Frances. This order expired on April 21, 2020. No further orders for parenting time were made until May 2023. The parties were able to arrange parenting time for Lincoln without court intervention during this period of time.

[11] By the Spring of 2020, Dylan would pick Lincoln up and spend the day with him at his home in Stratton. By the Summer of 2020, Dylan began to have overnights with Lincoln, approximately one or two times per week.

[12] Shortly after Lincoln was born, Dylan reported Lindsey to Kenora-Rainy River District Child and Family Services ("KRRDCFS") on the basis that the windows in the basement of Marni's home were too small. Lindsey alleges that this was done to better position Dylan in his request for increased parenting time with Lincoln via this application.

[13] In March 2020, Lindsey, Landyn, and Lincoln moved out of Marni's home. Lindsey struggled initially due to the isolation as it was the start of the COVID-19 pandemic and she relapsed with alcohol. This was also a breach of one of her release conditions. A safety plan was put in place through KRRDCFS with the support of Marni. Dylan asserted that Lincoln was apprehended by KRRDCFS during this period of time. Based on the records before the court, that is not accurate. There have been no subsequent relapses of her sobriety and no further breaches of her release conditions.

[14] In January 2021, Dylan began to have longer periods of time with Lincoln. He also began to document his time with Lincoln on a calendar. The time spent each month varied as it was scheduled around Dylan's work schedule. Lindsey accommodated this, including last minute requests for parenting time by Dylan. It was the evidence of the parties that perhaps except on one occasion, Lindsey did not deny Dylan's requests for parenting time with Lincoln. However, it was the evidence of Lindsey that this was difficult as there was no consistency and no ability to plan things.

[15] With respect to Dylan's employment, there is no fixed schedule. He is employed by CN Rail as an engineer. He is on a rotating list. When he gets to the top of the list he is called and has two hours to get to Fort Frances. He then takes the train to Winnipeg, Manitoba and returns. Each trip lasts about 32-34 hours door to door. He will have about one day's notice of a potential call in. It was his evidence that he takes at least two trips per week and is away on average three days per week.

[16] Lindsey became involved in a new relationship in November 2020 with Rob Langlais ("Rob"). She moved into his home with Lincoln and Landyn in April 2021. Lindsey became pregnant shortly after that and gave birth to their son, Boston Langlais ("Boston") on January 27, 2022.

[17] Rob works with Dylan. Shortly after he and Lindsey began dating, Rob reached out to Dylan as a courtesy to inform him about their relationship since they are co-workers. Dylan reacted poorly to this information and text messages were sent by Dylan to both Lindsey and Rob in and around this time. In a text message to Lindsey in March 2021, Dylan calls her an "entitled fucking cunt" and a "waste of air" and then goes on to call Rob "brain dead" and "mentally challenged". On March 6, 2021 in a text message to Rob, Dylan states that "I plan on making her life miserable until the day I die" and "if I can ruin you I will". When questioned about these messages, Dylan gave evidence that he was mad in and around this time as he and Lindsey had been discussing a week about schedule but then Lindsey changed her mind. He acknowledged that he should not have sent the messages but that he was not prepared to apologize in public to Lindsey or Rob for what was said.

[18] Dylan began a new relationship with Kaitlynn Bonhomme ("Kaitlynn") in January 2022, although they had dated for several years previously. She moved into Dylan's home in May 2023. Dylan and Kaitlynn had a child, Darcy McDonald ("Darcy"), born December 24, 2023. Kaitlynn is also expecting again and is due in early November 2025.

[19] Up and until May 2023, the evidence was clear that Lindsey was the primary caregiver for Lincoln. Dylan's own evidence described himself as the "fun dad" and he acknowledged that he only attended one doctor's appointment with Lindsey between Lincoln's birth and May 2023.

[20] In May 2023, Dylan and Lindsey agreed to a week on/week off schedule for Lincoln. While this was discussed previously, Lindsey was not prepared to agree this time due to Dylan's work schedule. Dylan did not have a clear plan for Lincoln's care when he was called into work. Lindsey was comfortable with the change in schedule in May 2023 as she knew that Kaitlynn would be home to care for Lincoln when Dylan would get called into work. The week on/week off schedule worked well for both parties. A temporary order was made on June 1, 2023, on consent, reflecting the new schedule.

[21] However, the parties knew that there would be an issue with the week about schedule when Lincoln started school due to the distance between their two homes. Dylan brought a motion in the Summer of 2023 regarding the issue of Lincoln's schooling. Firstly, the parties disagreed about whether he should start in September 2023 or in September 2024 due to his late birthday. They also disagreed on where Lincoln should attend school. At the time, Lindsey wanted him to start in September 2024 and be enrolled at JW Walker School in Fort Frances which is where Landyn was attending school. Dylan wanted him to start school in September 2023 and be enrolled in Sturgeon Creek Elementary School in Barwick, Ontario. Kaitlynn works in Barwick. Barwick is approximately 45 km from Fort Frances (a 35-minute drive) and 13 km from Stratton (a 10-minute drive).

[22] A decision on that motion was made by Fitzpatrick J. on August 16, 2023. While it was his view that it was in Lincoln's best interests to start school in September 2023, due to the possibility of Lindsey being incarcerated there was no harm in delaying his start date to January 2024. At the time, Lindsey was expected to be sentenced on August 23, 2023. Due to the start date being delayed, he did not render a decision on where Lincoln should attend school. However, he made some observations to assist the parties in making a decision in that regard as follows:

a. Dylan has only had significant parenting time with Lincoln for the past three months;

b. Dylan's plan to enroll Lincoln in school in Barwick means that he would have to have primary care of Lincoln during the school year;

c. Dylan's plan was viewed as being self-motivated rather than child-focused; and

d. Given Dylan's limited involvement in Lincoln's life to date, he does not view it as being in the best interests of Lincoln to significantly decrease the parenting time of the person who has been the primary parent for the vast majority of his life.

[23] He then went on to order that the week about parenting schedule should continue until Lindsey is sentenced. If Lindsey is incarcerated, the parties will attend a further Case Conference before him and he would make an order that Dylan have sole decision making for Lincoln and that Lincoln will reside with him primarily for as long as Lindsey is incarcerated.

[24] From the Spring of 2021 until January 2024, the evidence shows that (aside from some minor issues), the parties were able to communicate fairly effectively when it came to Lincoln and made decisions that were in the best interests of Lincoln. It is also clear from the evidence that Lincoln was provided with two very loving and supportive homes in which he was extremely comfortable. He had close relationships with both of his parents and with his parents' new partners and his half-siblings.

Events after Lindsey's Incarceration

[25] On January 16, 2024, the week on/week off schedule ended as Lindsey was sentenced to two years of incarceration. Following the sentence, Lincoln was with Dylan on a full-time basis.

[26] A Case Conference was held on February 9, 2024, before Fitzpatrick J. further to his decision on August 16, 2023. Due to Lindsey's incarceration, an interim temporary order was made granting sole decision making to Dylan, along with primary residency.

[27] It is the position of Lindsey that after January 2024, Dylan engaged in a course of conduct that was not in the best interests of Lincoln but was done to secure an advantage in this court proceeding and to establish a status quo during Lindsey's absence that would significantly limit her time with Lincoln after her release.

[28] Rob consistently reached out to Dylan following Lindsey's imprisonment to make arrangements for Lincoln to spend time with him, Landyn and Boston. Lindsey and Rob thought it was important for Lincoln to maintain his relationships with his half-siblings during Lindsey's incarceration and asked for Dylan to help facilitate same. Dylan was not open to this and repeatedly told Rob that he was letting Lincoln make the decisions about whether he wanted to come for a visit. Lincoln was only four years old at the time.

[29] Dylan gave evidence that this approach was based on advice he had received from a therapist Lincoln was seeing. However, it was later made clear in the evidence that Lincoln did not start therapy until April 2024 and it was Dylan that decided to let Lincoln choose whether he wanted to visit. In response to a text message from Rob on February 1, 2024 to discuss a plan for Lincoln to see Landyn and Boston while Lindsey was incarcerated, Dylan sent the following text message:

"Hey Rob,

I'm approaching this with what Lincoln wants and what is best for him. When he wants to spend time with his siblings we are more than willing to communicate with you so he can. I don't believe him spending extending periods of time there now that his mother is gone is best for him, in the future if he communicates spending more time there or staying overnight he can, I fully believe that Lincoln should take the lead on this. Lincoln is currently in daycare and in the near future school to have the option for "child play therapy". Obviously with Landyn's and Boston's birthdays or holidays we will guide him into going and seeing his siblings. Obviously this situation isn't normal but we feel Lincoln should have the right to decide what he wants to do, and so far he seems to be thriving during this time. We have a scheduled trial management conference next Friday at 1pm, the court has been asked to notify the jail to allow Lindsey to attend via zoom."

[30] In a further exchange on February 10, 2024, about a possible visit, Dylan stated that "I am guiding my son in the right direction by asking and communicating with him on what he wants and needs. With his mother no longer there, we are approaching this cautiously to allow Lincoln to come away from his ok, and no offense but Lincoln is my priority, your children and you are not my concern…If you don't agree to my approach feel free to pursue this in court."

[31] During the period of Lindsey's incarceration, Dylan allowed Lincoln to visit Rob and his half-siblings as follows:

• January 27, 2024 for 2-3 hours (Boston's birthday)
• February 15, 2024 for 3.5 hours
• February 24, 2025 for 8 hours
• March 30, 2024 for 4 hours
• April 21, 2024 for 8 hours
• April 27, 2024 to April 28, 2024
• May 10, 2024 to May 11, 2024
• May 24, 2024 to May 25, 2024
• June 21, 2024 to June 22, 2024

[32] On March 12, 2024, Dylan advised Rob via text message that he and Kaitlynn were putting in an offer on a house in Rainy River, Ontario. Rainy River is approximately 91 km from Fort Frances (a 1 hour and 10-minute drive). The move was not discussed at the Case Conference on February 9, 2024.

[33] Prior to February 2024, Dylan and Kaitlynn had been in discussions with Dylan's grandparents about purchasing the home they were living in from them. A deal could not be reached and in February 2024, Dylan and Kaitlynn began house shopping. It was Dylan's evidence that they did not consider a move to Fort Frances or somewhere closer to Lindsey as their family supports are in the Stratton/Rainy River area. It was Kaitlynn's evidence that they did look at houses in Fort Frances and other areas closer to Fort Frances but decided that the home in Rainy River was best for them. It was larger and closer to her family. When Kaitlynn was cross-examined she stated that when deciding where to move, they did consider the proximity to Lindsey so that the week about schedule could continue but they could not use that as the sole reason to move closer to Fort Frances as they have another child and a support system in Rainy River.

[34] The issue of the move came before the Court on March 26, 2024 at a Trial Management Conference. While Lindsey indicated she was not contesting the move, she needed more information about how the move would impact her parenting time and the location of Lincoln's school. The court directed that the parties could bring these issues before the Court, if needed.

[35] Dylan then enrolled Lincoln in school in Rainy River to commence in September 2024. The school is located about a ½ block from Dylan's house. A new school (K-12) is being constructed in Rainy River and is expected to open in 2026. The new school is located directly off Dylan's back yard.

Events after Lindsey's Release

[36] Lindsey was released on day parole on August 9, 2024, and returned home on August 21, 2024. She tried to make immediate plans to see Lincoln, but Dylan was reluctant to have Lincoln spend significant time with Lindsey immediately upon her release and agreed to a gradual increase in visits. Lindsey asserts that there was no need for same. She acknowledges that she could not return to the week on/week off schedule as Lincoln was starting school shortly thereafter in Rainy River.

[37] Dylan agreed to have Lincoln stay with Lindsey every other weekend. This was a marked departure from the significant parenting time she had prior to her incarceration.

[38] In October 2024, Lindsey brought a motion for increased parenting time with Lincoln. The motion was not heard as the parties agreed to a temporary consent order which provided for the following schedule:

a. Lindsey has parenting time with Lincoln on 3 out of 5 weekends from Friday after school until Sunday at 4:00 p.m.;

b. during the summer months the schedule reverts back to a week about schedule with each parent have an extended vacation period of 10 days with Lincoln; and

c. each party was responsible for picking up Lincoln at the start of their parenting time.

[39] This remains the status quo.

[40] Lincoln adjusted well to school and enjoys it. He takes the bus to and from school but is expected to walk next year. He has friends at school, but he has not hung out with them outside of school as Dylan does not know many of the parents. They do hang out regularly with Dylan's friends who have children. Lindsey has access to the communication app used by the school but has not attended school events due to the distance.

[41] Lincoln played recreational soccer in the Spring of 2025. It was two days a week for an hour each session. Dylan helped coach when he was not working. Lindsey was informed about the games but did not attend due to the distance.

Issues to be Determined

[42] The issues to be determined between the parties are as follows:

a. decision making responsibility;

b. parenting time/primary residence;

c. child support; and

d. section 7 expenses.

[43] In addition to the above, I will have to determine the ancillary or incidental issue of where Lincoln will attend school as this will flow from any parenting time decision that is made.

Decision-Making

[44] At the commencement of the trial, Lindsey was requesting an order for joint decision-making. Dylan was requesting that the status quo remain in place with sole decision-making resting with him. In the alternative, it was his position that if joint decision-making was ordered, he be granted the authority to make a final decision if there is a disagreement between the parties.

[45] In his closing submissions Dylan has changed his position and agrees that joint decision-making should be granted with a dispute resolution mechanism in place in the event of a disagreement about a significant decision for Lincoln.

[46] Based on the foregoing, I make the following orders:

a. The Applicant, Dylan James McDonald and the Respondent, Lindsey Coyle, shall jointly parent their child, Lincoln Lawerence Coyle-McDonald. They shall make all major non-emergency decisions related to Lincoln's health, education, extracurricular activities and religion together, after having meaningfully consulted one another.

b. If after consultation the parties are unable to agree on a decision involving Lincoln's health, the parties shall follow and abide by the recommendations of Lincoln's health care providers.

c. If after consultation the parties are unable to reach an agreement on other significant decisions, the parties shall engage a mediator to resolve any dispute(s) that may arise.

d. Day to day and emergency decisions will be made by the parent in whose care Lincoln is in when the decision needs to be made.

e. Both parties shall be able to communicate with and obtain documentation independently from third-party service providers involved with Lincoln (medical, educational, extracurricular activities, etc.).

Parenting Time

[47] The issue of parenting time in this proceeding is governed by the Children's Law Reform Act, R.S.O. 1990, c. C. 12 (the "CLRA").

[48] Section 24(1) of the CLRA provides that the court shall take into consideration only the best interests of a child when making a parenting order or a contact order. Section 24(2) states that when considering the best interest factors, primary consideration is to be given to the child's physical, emotional and psychological safety, security and well-being.

[49] Section 24(3) of the CLRA sets out a non-exhaustive list of factors related to the circumstances of the child, which the court must consider when determining the best interests of the child. None of the factors should be given priority, except the primary consideration in s. 24(2) which is overarching. The weight to be given to each factor depends on the circumstances of the particular child and the court must take a holistic look at the child, his or her needs, and the people in the child's life.

[50] In Lang v. Qureshi, 2025 ONSC 585 ("Lang"), a summary of the legal principles relating to the best interests of the child analysis have been set out, including the following:

a. The best interests test is a flexible and fact and driven exercise, tailored to the needs and circumstances of the child's whose well-being is under consideration. The analysis must remain centered on the child: see Lang at para. 26.

b. The court must ascertain a child's best interest from the perspective of the child rather than that of the parents. Adult preferences or "rights" do not form part of the analysis: see Lang at paras. 26 and 30.

c. There can be no presumption in favour of any one type of parenting order: see Lang at para. 30.

d. An assessment of the best interests of the child must take into account all of the relevant circumstances with respect to the needs of the child and the ability of each parent to meet those needs: see Lang at para. 30.

[51] Section 24(6) of the CLRA states that courts allocating parenting time are required to adhere to the principle that "a child should have as much time with each spouse as is consistent with the best interests of the child." However, this principle does not override the best interest analysis. Rather, it is part of the analysis. Therefore, while the goal is to achieve as much parenting time as possible with each parent, same has to be consistent with the child's best interests: see Lang at para. 33.

[52] It is clear from the evidence that a return to the week about schedule that was in place prior to Lindsey's incarceration would be in Lincoln's best interests. However, given the distance between the parties, which was made even greater when Dylan relocated to Rainy River in May 2024, and the fact that Lincoln has started school, such a schedule is no longer feasible.

[53] With respect to parenting time, I have several options available to me.

[54] Firstly, I can order that the status quo remain. While perhaps not exact, the current schedule has Lincoln with Lindsey 25% of the time and with Dylan 75% of the time.

[55] Secondly, I can order a change to the parenting time schedule consistent with the position of Lindsey. This would effectively flip the status quo as between the parties. This would require that Lincoln change schools to JW Walker School in Fort Frances.

[56] Thirdly, I can order the alternative relief requested by Lindsey which is that the status quo continues but she be granted additional parenting time during summer holidays, PA Days, and other school holidays, including March Break to make up for the time she does not have Lincoln during the school year. Again, while not exact this would have the effect of increasing Lindsey's parenting time from approximately 25% to 36%.

[57] Lastly, I can order a different parenting schedule that I view to be in the best interests of Lincoln.

[58] Below is my assessment of the best interest factors found in s. 24(3) of the CLRA.

A. Child's Needs

[59] Lincoln is a healthy, well-adjusted, bright child. He has benefitted from the care, guidance and love of both of his parents.

[60] There is no dispute that both parents are capable of providing Lincoln with the care, guidance and love that he needs for is physical, emotional and psychological safety, security and well-being.

B. Nature and Strength of the Child's Relationship with Each Parent, Siblings, etc.

[61] Lincoln has a strong loving relationship with both Dylan and Lindsey. I cannot state that he has a better or stronger relationship with one of them over the other.

[62] Lincoln also appears to have strong bonds with his two younger brothers. His half-brother, Darcy is currently 1.5 years old. His half-brother, Boston is currently 3 years old. Lincoln is also excited that Kaitlynn is pregnant and would like a sister. Lincoln has a very strong relationship with Landyn. He looks up to her as an older sister, and I expect based on the evidence that I heard that Landyn has been somewhat of a caregiver to Lincoln over the years.

[63] Lincoln also appears to have positive and loving relationships with Kaitlynn and Rob. He enjoys doing activities with them and they provide regular day to day care and support for Lincoln.

[64] Both households have additional family supports. Lincoln has grown close with Kaitlynn's extended family. Lindsey, Rob, and the children spend a lot of time with Rob's family, and Dylan's step-mother, Marni remains a source of support for Lindsey and Lincoln.

[65] By Kaitlynn and Dylan's own admissions during the times that he is at their house (especially for the two-week period in the current schedule), Lincoln regularly asks about when he is going to see Lindsey again and he counts the number of sleeps. There was no evidence that he makes the same request when at Lindsey's, albeit he is there for much shorter periods of time.

[66] I find that this factor does not favour one parent over the other. However, it appears that Lincoln struggles with being away from Lindsey for lengthy periods of time.

C. Parent's Willingness to Support the Development and Maintenance of the Child's Relationship with the Other Parent

[67] Immediately following Lincoln's birth, Dylan retained a lawyer and commenced this application for parenting time with Lincoln prior to having discussions with Lindsey about same. He immediately became litigious.

[68] Lindsey very soon after Lincoln's birth facilitated visits with Dylan that increased in time as Lincoln got older and she stopped breastfeeding. Dylan and Lincoln had overnights by the time Lincoln was six months old. His time with Lincoln only increased as Lincoln got older. Between January 2021 and May 2023, as per Dylan's own calendar he had significant time with Lincoln that the parties were able to work out on their own. Despite the fact that there was no regular schedule and Dylan's request for time often came on short notice, Lindsey accommodated same so that Dylan and Lincoln could have time together.

[69] The parties then agreed to a week about schedule in May 2023, and both agreed that this was a positive experience for Lincoln.

[70] Based on the above, I find that Lindsey has been willing to support the development and maintenance of Lincoln's relationship with Dylan.

[71] However, I do not find the same with respect to Dylan supporting the development and maintenance of Lincoln's relationship with Lindsey. This is especially true after he was granted sole decision-making on a temporary basis on February 9, 2024. Following that, he engaged in a series of decisions which I find were not in Lincoln's best interests. Instead, these decisions were done to further his own relationship with Lincoln and create a status quo which he could later assert in this litigation as not needing change.

[72] More specifically:

a. Immediately after Lindsey's incarceration he significantly limited Lincoln's contact with Rob, Landyn and Boston. Despite requests from Rob for time with Lincoln, these were often denied or limited. Dylan's assertion that he denied those requests due to the wishes of Lincoln (who was then 4 years old) is simply not tenable. A child of that age should not be given the power to make those types of decisions. The assertion by Dylan that he received advice to that effect from a professional is not supported in the evidence as he did not produce any records from those sessions. I only have his evidence of what he was told. Furthermore, he did not get any advice on this issue until April 2024 (several months after Lindsey was incarcerated), but had made several denials of Rob's requests prior to April 2024 on the basis that he was letting Lincoln decide.

b. He and Kaitlynn made the decision to move from Stratton to Rainy River (even further away from Fort Frances). He knew or ought to have known that this would have a negative impact on Lincoln's ability to have parenting time with Lindsey. He did not seek Lindsey's consent prior to the move and simply provided the information after they had already selected a house. When questioned during the trial, it was his evidence that they did not consider moving closer to Fort Frances and that the decision to move to Rainy River was to be closer to Kaitlynn's family. This was different than the evidence given by Kaitlynn. She stated that they did consider the distance from Lindsey when making the decision to move and did look at houses in Fort Frances and Emo, Ontario. However, they ultimately decided that Rainy River was best for them as them as they have another child, and their support system is located in and around Rainy River. Clearly, this decision was made without any regard for what was best for Lincoln, and it was certainly not made with any intention to support and maintain Lincoln's relationship with Lindsey. It has had the opposite effect as it has limited Lindsey's parenting time with Lincoln.

c. Dylan enrolled Lincoln in school in Rainy River. Again, he would have known or ought to have known that this would have a negative impact on Lincoln's relationship with Lindsey. The parties had been in court the year prior arguing about where Lincoln would attend school. The options at that time were Fort Frances or Barwick. Rainy River was not even discussed. No explanation was provided as to why Barwick or other options such as Emo were not considered which would have allowed Lindsey to exercise more parenting time with Lincoln.

d. After Lindsey's release Dylan strictly limited her time with Lincoln to day only visits initially. Once sleepovers were allowed, he made no effort to maximize contact with Lindsey. He permitted only every other weekend visits and Lindsey was forced to bring a motion to get more time with Lincoln. The suggestion by Dylan that this was done to protect Lincoln cannot be accepted. He had a loving and close relationship with Lindsey who he had not seen for approximately nine months. There was no reason to limit contact between Lincoln and Lindsey upon her release.

[73] At the end of the day, the difficulty in making this decision due to the geographic location of the parties, is at the hands of Dylan and the decision he made in the Spring of 2024 to move to Rainy River. I cannot find that this decision was in the best interests of Lincoln and certainly was not conducive to supporting and maintaining Lindsey's relationship with Lincoln.

D. History of the Care of the Child

[74] Until May 2023, Lindsey was the primary parent for Lincoln. She saw to his day-to-day needs and schedule and took him to his medical and other health related appointments. While Dylan exercised significant time with Lincoln up to May 2023, it was always scheduled around his work schedule, at his convenience, and by his own admission during this period of time he was the "fun dad".

[75] Dylan's role changed in May 2023 when the week about schedule started. However, this was done and continues to be done with the support and assistance of Kaitlynn, and would have likely not occurred had Kaitlynn not moved in with Dylan.

[76] This is not meant to be taken as a finding that Dylan does not have the ability to care for and parent Lincoln appropriately. However, the evidence is clear that Lindsey was the primary parent for the first 3.5 years of Lincoln's life and Dylan's role from that of "fun dad" only changed once he had the assistance and support of Kaitlynn.

[77] Lastly, I appreciate that Lincoln has spent significant time with Dylan since Lindsey's incarceration in January 2024. However, further to my findings made above, this has been a consequence of the decisions made by Dylan since that time which I find have not been in Lincoln's best interests.

E. The Child's Views and Preferences

[78] This is not a factor in this case as Lincoln is too young for his views and preferences to be determined.

F. The Child's Cultural, Linguistic, Religious and Spiritual Upbringing

[79] This is not a factor I have considered as there was no evidence presented by the parties.

G. Any Plans for the Child's Care

[80] Lindsey is not currently working and plans to stay home and care for the children until Boston starts school in September 2026. She gave evidence that she and Rob are financially stable further to Rob's salary and they have made this decision as a family. She intends to return to work on a full-time basis, possibly as a legal assistant, once Boston is in school. She is home on a daily basis to care for the children and pick them up after school. No childcare would be needed for Lincoln during her parenting time.

[81] Dylan works full-time but does not have a regular work schedule. He is an engineer for CN Rail and is part of the "chain gang". This means that he works on a rotating on-call basis. When his name gets to the top of the list, he gets called to come into work. Once called he has two hours to report to work in Fort Frances. Once called he will be required to be gone for approximately 32-34 hours. He generally takes two calls per week.

[82] Prior to May 2023, Dylan was unable to facilitate a week about schedule with Lincoln because of the unpredictability of his work schedule and the fact that he did not have anyone to care for Lincoln on a regular basis when he got called into work. As such, his access to Lincoln was scheduled around his work schedule. It was only after Kaitlynn moved in that the week about schedule started as she cares for Lincoln while he is away.

[83] Kaitlynn currently works full time in Barwick, Ontario. It was her evidence that she can work flexible hours and can work from home when convenient. She also plans to be on maternity leave for a year commencing in or about October/November 2025. When Dylan has to leave for work, she becomes Lincoln's sole parent and is responsible for all aspects of his care. As an example, she indicated that she attended Lincoln's parent teacher interview alone as Dylan had been called into work.

[84] Currently, Lincoln takes the bus to and from school in Rainy River. He is not currently in day care. If Dylan is at work, Kaitlynn ensures that he gets on the bus in the morning and is there to get him off the bus after school. If Dylan is home, he will do those tasks.

[85] Dylan's work schedule is unpredictable and often leaves Lincoln in the care of Kaitlynn during his time with Lincoln. In a week that he has Lincoln, he would on average be in the care of Kaitlynn for 3 of the 7 days. While I appreciate that in some instances Dylan's absences would be for periods of time while Lincoln is sleeping, that is not always the case.

[86] I find that Lindsey has a better plan for Lincoln at the current time. I cannot find that it is in Lincoln's best interests for him to be in the care of a step-parent for a significant portion of Dylan's time with Lincoln when Lindsey, his mother, is fully available to care for Lincoln during those same periods of time.

H. The Ability and Willingness of Each Person to Whom the Order would Apply to Meet the Needs of the Child

[87] Based on the evidence presented by the parties, both parties are able to meet the needs of Lincoln. However, further to the above, Dyan's ability to meet Lincoln's needs is dependent on Kaitlynn due to the nature of his work schedule.

I. The Ability and Willingness and Each Person to Whom the Order would Apply to Communicate and Co-Operate with Each Other on Matters Affecting the Child

[88] I find that both parents since the Spring of 2021 (subject to some limited disagreements) have been generally able to communicate and co-operate with each other on matters affecting Lincoln and I would expect this to continue into the future.

[89] The one exception to this would be during the period of time that Dylan obtained sole decision-making responsibility over Lincoln. During this period of time, he made several significant decisions with limited consultation or communication with Lindsey.

J. Any Family Violence and its Impact

[90] There is no evidence of family violence relevant to the determination of parenting time in this case.

K. Any Civil or Criminal Proceeding, Order, Condition or Measure that is Relevant to the Safety, Security and Well-Being of the Child

[91] The criminal charges to which Lindsey pled guilty and was sentenced for are historical in nature, dating back to 2015. I do not find them relevant to the determination of parenting time in this case as I do not find that they in any way affect the safety, security and well-being of Lincoln.

[92] Lindsey remains on parole and subject to release conditions. She has abided by all conditions to date and expects to be off parole as of January 2026. There are no conditions that affect Lincoln's well-being or safety or her ability to parent Lincoln.

[93] Dylan raised a concern about the Lincoln's safety due to the way in which Lindsey has been treated in the community since the criminal charges were laid. She was subject to some harassment both online and in person. He also gave evidence that Landyn was forced to change schools due to bullying surrounding Lindsey's charges. No evidence was given of any specific incidents causing concern for the safety and well-being of Lincoln. Lindsey's evidence was that the decision for Landyn to move schools was not due to bullying surrounding her criminal charges. Furthermore, this bullying and harassment appears to be historical in nature. If I were to accept the evidence of Dylan, this would mean that it was also occurring previously when Dylan agreed to a week about schedule with no concern at that time for Lincoln's well-being or safety. I do not review this as a factor relevant to the determination of the issues in this proceeding.

[94] Dylan also relies on the fact that Lindsey has a civil judgment against her for $130,000.00. Since she is not working he has concerns about her financial stability and her ability to care for Lincoln. Lindsey acknowledged the judgment and indicated that she is likely filing for bankruptcy or will try to resolve the issue with a settlement agreement. It was her evidence that same in no way affects her ability to parent Lincoln as she and Rob, her now fiancée, are financially stable and are able to financially care for and support their children, including Lincoln. This was confirmed by Rob.

L. Any Other Relevant Factors

[95] I have considered Dylan's position that a shift in the schedule could significantly reduce his time with Lincoln given the unpredictability of his work schedule. I do not find that it is in the best interests of Lincoln to create a parenting time schedule that accommodates Dylan's work schedule as he needs stability and consistency. It was Dylan's evidence that he will usually take a call and then skip the next call in order to have more time at home. This suggests to me that he has flexibility as to whether and when he takes a "shift" and has the ability to work around his schedule with Lincoln, if needed. I would also expect that Lindsey will have some flexibility in switching days (with advance notice), if necessary, to ensure that Dylan exercises his parenting time with Lincoln. She has for several years shown an ability to do so and I have no reason to doubt that this will continue.

[96] I have considered the fact that the parenting time order being made will require Lincoln to change schools. While I have not been asked to determine which school Lincoln should attend in this trial, it is ancillary or incidental to the parenting time issue. With that being said, the best interests of the child must be used when determining this issue. The analysis is the same as carried out above. While a change in schools would be an adjustment for Lincoln, I do not find that this would outweigh the best interests of Lincoln. Dylan made a unilateral decision to enroll Lincoln in school over an hour away from Lindsey when other options were available. I appreciate that he had sole decision-making ability at that time, but it is clear that little to no consideration was given to the impact such a decision would have on Lincoln's ability to maintain parenting time with Lindsey; it was made in terms of what was best for Dylan and other members of his family. While there was some suggestion by Dylan during the trial that JW Walker School in Fort Frances is not appropriate for Lincoln, there was no evidence other than Dylan's opinion, presented at trial to establish that fact.

[97] Based on the analysis of the best interest factors listed in s. 24(3) of the CLRA and the reasons stated above, I find that the following parenting time schedule is in the best interests of Lincoln. The week about schedule can continue for the balance of the summer holidays. The following parenting time schedule shall take effect as of September 1, 2025:

a. Lincoln's primary residence will be with Lindsey.

b. Lincoln will attend school at JW Walker Elementary School in Fort Frances, for the upcoming 2025/2026 school year. The parties shall sign whatever documentation is necessary to have him enrolled.

c. Dylan will have regular parenting time with Lincoln as follows:

i. on 3 out of 5 weekends from Friday after school until Sunday at 4pm;

ii. if there is no school on the Friday his parenting time will commence after school on Thursday, and if there is no school on the Monday, his parenting time will end on Monday at 4pm; and

iii. any other times agreed to by the parties.

d. If Dylan is unable to exercise his regular parenting time due to his work schedule, make up time is not guaranteed, but can be requested to occur within the following two months. Lindsey should make every effort to agree to make up time but is not obligated to do so.

e. Reasonable requests for changes in the regular parenting schedule to accommodate appointments and special events shall not be unreasonably denied. The party consenting to a request for change shall have the right to choose the date(s) at which the make up parenting time will occur.

f. Lincoln shall be able to contact either party liberally and neither party shall interfere with communication and shall allow him to speak to the other parent in a private location.

g. Either party can attend school events or extracurricular activities no matter which parent has parenting time.

h. Each party is responsible for picking up Lincoln at the start of their parenting time.

i. In addition to the regular parenting time schedule, the parties shall also adhere to the below holiday and special occasion parenting time schedule for Lincoln. Where the regular and holiday schedules conflict, the holiday schedule shall prevail.

1. Christmas and Winter Vacation – The parties will share Lincoln during the Christmas holidays as follows:

   (a) in odd numbered years commencing in 2025, Dylan shall have Lincoln for the first half of Christmas holidays and Lindsey shall have Lincoln for the second half of Christmas holidays and in in even numbered years, Lindsey shall have Lincoln for the first half of Christmas holidays and Dylan shall have Lincoln for the second half of Christmas holidays subject to the following exceptions:

   (i) Christmas Eve – from December 24th at 1:30 p.m. to December 25th at 1:30 p.m. Lincoln shall be with Lindsey in odd numbered years and Dylan in even numbered years;

   (ii) Christmas Day – from December 25th at 1:30 p.m. to December 26th at 1:30 p.m. Lincoln shall be with Dylan in odd numbered years and Lindsey in even numbered years;

   (iii) New Year's Eve – from December 31st at 1:30 p.m. to January 1st at 1:30 p.m. Lincoln shall be with Dylan in odd numbered years and Lindsey in even numbered years; and

   (iv) New Year's Day – from January 1st at 1:30 p.m. to January 2nd at 1:30 p.m. Lincoln shall be with Lindsey in odd numbered years and Dylan in even numbered years;

2. Child's Birthday: Lincoln's birthday shall be shared whereby the non-parenting party shall be entitled to see him on his birthday for a brief visit, provided same does not interfere with school.

3. Mother's Day – Lindsey shall have parenting time with Lincoln from 10 a.m. to 6 p.m.

4. Father's Day – Dylan shall have parenting time with Lincoln from 10 a.m. to 6 p.m.

5. March Break – Lindsey shall have Lincoln for one weekend during March Break (as defined by Lincoln's school calendar) and Dylan shall have Lincoln for the rest of March Break, unless the parties agree to alternate March Break from Friday after school until the following Sunday at 4:00 p.m. for the purposes of vacation time outside of Northwestern Ontario. Dylan shall have the first choice in 2026. The party electing to have this vacation time shall notify the other party by January 31st and confirm Lincoln's travel itinerary fifteen (15) days prior to travel.

6. Summer Vacation - Commencing on the first day of summer holidays, the parties will have a 10 on/5 on schedule with Dylan having Lincoln for a period of ten (10) days, followed by Lindsey having Lincoln for a period of five (5) days. Lindsey can extend one of her five day periods by an additional five days once during the summer holidays upon giving at least 60 days' notice to Dylan for the purposes of a summer vacation.

7. Easter – Commencing in 2026, the parties shall begin alternating Easter weekend. Easter weekend begins after school on the Thursday before Good Friday and ends on Easter Monday at 4:00 p.m. Dylan shall have Easter weekend in 2026 and every even numbered year thereafter and Lindsey shall have Easter weekend in 2027 and every odd numbered year thereafter.

8. Halloween – Commencing in 2025, the parties shall alternate Halloween with Lindsey having Lincoln in 2025 and every odd numbered year and Dyan having Lincoln in every even numbered year.

Child Support

[98] The parties did not spend a lot of time on the issue of child support during the trial as the determination of same would depend on the outcome of the parenting time decision. It was agreed by the parties that depending on the parenting time ordered, child support would flow as per the table amounts in the Ontario Child Support Guidelines, O. Reg. 391/97 (the "Guidelines"), subject to Dylan's position that income should be imputed to Lindsey.

[99] Dylan's annual income for 2024 was $151,009.00. This was not disputed or contested by Lindsey.

[100] Lindsey is currently not working. It was her evidence that she intends to remain at home caring for her children until Boston starts school in September 2026. Prior to 2015 Lindsey was employed as a registered nurse. Due to the circumstances leading to her criminal charges in 2019, she was terminated from that position and can no longer work as a nurse. After the loss of her nursing position she worked as a legal assistant earning approximately $40,000.00/year until 2019. It was her evidence that she intends to return to work once Boston starts school, and has been advised by her former employer that he would be prepared to re-hire her subject to a position being available.

[101] It is Dylan's position that income of $25,000.00 per year should be imputed to Lindsey for the purposes of calculating child support and the allotment of s. 7 expenses. I note that this is less than what Lindsey would earn if working full-time at minimum wage.

[102] Section 19(1) of the Guidelines gives the court discretion to impute income to a payor in enumerated circumstances and states as follows:

19(1) The court may impute such amount of income to a parent or spouse as it considers appropriate in the circumstances, which circumstances include,

(a) the parent or spouse is intentionally under- employed or unemployed, other than where the under-employment or unemployment is required by the needs of any child or by the reasonable educational or health needs of the parent or spouse;

(b) the parent or spouse is exempt from paying federal or provincial income tax;

(c) the parent or spouse lives in a country that has effective rates of income tax that are significantly lower than those in Canada;

(d) it appears that income has been diverted which would affect the level of child support to be determined under these Guidelines;

(e) the parent's or spouse's property is not reasonably utilized to generate income;

(f) the parent or spouse has failed to provide income information when under a legal obligation to do so;

(g) the parent or spouse unreasonably deducts expenses from income;

(h) the parent or spouse derives a significant portion of income from dividends, capital gains or other sources that are taxed at a lower rate than employment or business income or that are exempt from tax; and

(i) the parent or spouse is a beneficiary under a trust and is or will be in receipt of income or other benefits from the trust.

[103] In this instance Dylan is relying on s. 19(1) (a) of the Guidelines, more specifically, that Lindsey is underemployed as she is capable of working and is making a choice to remain out of the workforce at the present time.

[104] Section 19(1) of the Guidelines provides me with discretion to impute income when it is appropriate to do so in the circumstances: see Kohli v. Thom, 2025 ONCA 200 ("Kohli"), at paras. 108-109.

[105] The onus is on Dylan to establish that Lindsey is underemployed. There is no allegation here that she is intentionally underemployed. Once Dylan establishes this, the onus shifts to Lindsey to show one of the exceptions of reasonableness: see Tillmanns v. Tillmanns, 2014 ONSC 6773, 246 A.C.W.S. (3d) 639 ("Tillmanns"), at paras. 58-59.

[106] The Ontario Court of Appeal in Drygala v. Pauli, 61 O.R. (3d) 711, at para. 23 set out three questions the court must consider when considering a request to impute income:

1. Is the party intentionally underemployed or underemployed?

2. If so, is the intentional underemployment or unemployment required by virtue of his or her reasonable educational needs [or the needs of the child or reasonable health need]?

3. If not, what income is appropriately imputed?

[107] I need not be satisfied that Lindsey has acted in bad faith before I decide to impute income to her. I must consider whether her decision not to work is reasonable: see Kohli, at para. 124.

[108] I find that it is appropriate in this matter to impute income to Lindsey for the following reasons.

[109] Firstly, I find that Lindsey is underemployed. She was previously employed on a full-time basis earning more than the amount of income being asked to be imputed to her. While her criminal record may make it more difficult to find new employment, it was her evidence that her previous employer is prepared to re-hire her when is ready to return to work.

[110] Secondly, there is no evidence before me to establish that she is required not to work because of her educational needs, the needs of the children, or reasonable health needs. There is no evidence that her unemployment arises form her educational needs or health needs. It was her evidence that she and Rob have made a decision wherein she will stay home until Boston starts school. This is a choice that they have made. While it may be what is best for their family, it does not arise due to any special needs that Boston has. Dylan should not bear the financial implications of that decision when Lindsey is capable of working, and based on her evidence, has employment available to her.

[111] While Dylan has asked that I impute income to Lindsey in the amount of $25,000.00, I cannot arbitrarily allocate an imputed income. There must be an evidentiary basis for the income level to be imputed. I must consider the facts including age, education, experience, skills and health of the party, her past earning history, the standard of living during the parties' relationship and the amount of income the payor could reasonably earn if they worked to capacity. I can also consider the pattern of prior income to determine an amount that is fair and reasonable: see Tillmanns at paras. 66-67.

[112] In this case, there is no evidentiary basis for an annual income of $25,000.00 to be imputed to Lindsey. A stated above, this is less than she would earn if working full-time at minimum wage. Based on the evidence before me it is reasonable to impute income to Lindsey of $40,000.00. This is the annual income she was earning previously as a legal assistant which is the employment she intends to return to. While this was earned several years ago and the rate of pay for such a position may have increased since then, I have no evidence regarding same. It is clear from the evidence that she is capable of earning at least $40,000.00/year.

[113] Based on the foregoing, I make the following orders:

a. commencing September 1, 2025, the Applicant, Dylan James McDonald shall pay child support for the child, Lincoln Lawrence Coyle-McDonald, born December 12, 2019, in the table amount of $1,306.26 per month to the Respondent, Lindsey Coyle, pursuant to the Applicant's annual income of $151,009.00;

b. based on the annual income of the Applicant, Dylan James McDonald of $151,009.00 and the imputed annual income of the Respondent, Lindsey Coyle of $40,000.00, the Applicant and the Respondent shall share section 7 expenses for the child, Lincoln Lawrence Coyle-McDonald, born December 12, 2019 on a 74%/26% basis with the Applicant, Dylan McDonald, contributing 74% and the Respondent, Lindsey Coyle contributing 26%;

c. both parties shall provide one another with copies of their income tax returns and Notices of Assessment annually by June 30th; and

d. adjustments to ongoing base guideline support and section 7 expenses shall be made after the annual disclosure on June 30th.

Costs

[114] If the parties cannot reach an agreement on costs, they shall file written cost submissions not to exceed five (5) pages (page limit does not include offers, Bills of Costs and other relevant attachments). Deadlines for the service and filing of the cost submissions are as follows:

a. Lindsey's submissions within 30 days of the date of this judgment;

b. Dylan's submissions within 20 days of receiving Lindsey's submissions; and

c. Lindsey's reply submissions (limited to three (3) pages including attachments) within seven (7) days of receiving Dylan's submissions.

The Hon. Madam Justice R.A. Lepere

Released: August 12, 2025