Chartier v. Bastin, 2026 ONSC 4256

minicounsel

CITATION: Chartier v. Bastin, 2026 ONSC 4256

COURT FILE NO.: FS-22-00000140-0000

DATE: 2026-07-21

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

MELANIE CHARTIER Applicant

– and –

STEVEN BASTIN Respondent

COUNSEL: Matt Perron, for the Applicant Lynn Cayen, for the Respondent Children’s Lawyer: Lisa Barazzutti

HEARD: April 22, 2026

BINDING JUDICIAL DISPUTE RESOLUTION HEARING

Cullin J.

1This matter appeared before me for a Binding Judicial Dispute Resolution hearing (“the hearing”), which was conducted over the course of one day on April 22, 2026. An oral decision was rendered at that time regarding disputed parenting issues, while financial issues were reserved to provide written reasons.

2The issues to be determined in this hearing involved parenting time and child support. Although an oral decision was rendered regarding the parenting issues, I will address all disputed issues in these reasons for the sake of completeness.

Definitions and Terms

3For the purpose of the orders made herein:

a. The applicant, Melanie Chartier, shall be referred to as “the applicant” and the respondent, Steven Bastin, shall be referred to as “the respondent”.

b. The applicant and the respondent may be referred to as a “party” individually and as “the parties” collectively.

c. The child, Tyler Bastin, born January 21, 2009, shall be referred to as “Tyler”, and the child, Skylar-Julie Bastin, born November 21, 2013, shall be referred to as “Skylar”.

Parenting Time

On consent

4The following orders were made on consent:

a. The applicant shall have primary residence of the child Skylar.

b. While orders for parenting time between the respondent and the child Skylar shall pertain only to the child Skylar, the child Tyler may also attend pursuant to his wishes.

c. Notwithstanding any order for parenting time, the parties may agree to additional parenting time in writing.

d. The applicant shall ensure that Skylar has all medications and necessities, a bathing suit, and appropriate changes of clothing for the purpose of her parenting time with the respondent.

e. The respondent shall have specified videoconference calls with Skylar as follows:

i. Mondays and Thursdays, with the call to be initiated between 6:30 p.m. and 7:00 p.m. For this purpose:

The applicant shall ensure that Skylar is available for the scheduled calls and is not otherwise occupied or distracted during the calls.
The calls between the respondent and Skylar shall be private.
If Skylar is not available for a scheduled call, the applicant shall notify the respondent, and a makeup call shall be scheduled.
The respondent shall confirm to Skylar when he will be available during the scheduled time to commence the call. He shall also promptly advise Skylar if circumstances arise that will prevent his participation.

ii. The applicant shall provide a contact phone number for Skylar to the respondent within five business days of this order. If that number changes, she shall advise of the new contact number within five business days of the change.

f. The parties shall communicate with one other only for issues related to parenting and child support. They shall communicate by email or text message, except in cases of emergency.

g. Each party shall advise the other promptly in the event of an emergency involving one or both children while the child or children are in their care. In that case, the parties shall communicate with one other by telephone and/or by text message. The parties shall exchange their contact information for emergency purposes.

h. The parties shall maintain a fair and even tone in their communications with one another, always keeping the children's best interests as their primary objective.

i. Both parties may attend all school functions and extra-curricular activities for the children. The parents may attend parent-teacher meetings together or separately.

j. The applicant shall provide the respondent a minimum of two weeks notice of graduations or other special activities involving Skylar. The respondent shall notify the applicant whether he will be attending not less than seven days prior to the event. Should the respondent provide such notice and attend the event, he shall have parenting time with Skylar either before or after the event for a minimum of four hours.

k. The applicant shall keep the respondent apprised of the names and contact information for all service-providers involved with the children.

l. The respondent shall promptly sign any passport applications for the children, and in any event within five business days of a written request by the applicant. If the respondent fails to sign an application within five business days of a written request by the applicant, then his signature shall be dispensed with.

m. The children’s passports shall remain with the applicant. The applicant shall not unreasonably withhold the passports from the respondent. If the respondent requires the passports, the applicant shall promptly provide them; once his need for them is complete, the respondent shall promptly return them.

n. Each party shall encourage the involvement of the other party in the children’s lives, and shall make every effort to promote love, affection, and respect between the children and the other party.

o. Each party shall refrain from making disparaging or negative remarks to the children about the other party and shall discourage others from doing so in the presence of the children. Each party shall refrain from doing anything that would estrange or alienate the children from the other party or undermine the children's love, affection, opinion of, and respect for the other party.

Not on consent

5The following orders were made by the Court following the hearing:

a. The respondent shall have parenting time with Skylar as follows:

i. Except as provided in (ii), commencing in May 2026 and continuing until December 2026, the respondent shall have parenting time in Ottawa on the second weekend of every month, unless otherwise agreed in writing by the parties. On Friday, he shall pick up Skylar after school and shall return her to the applicant’s residence at 7:00 p.m. On Saturday, he shall pick up Skylar at the applicant's residence at 10am and return her to the applicant's residence at 7:00 p.m. At the end of each day, if she wishes, Skylar may remain overnight with the respondent.

ii. The respondent’s parenting time in either July 2026 or August 2026 shall take place in Timmins and be facilitated by the maternal grandparents. It shall take place on the same days and at the same times as provided in (i), except that pick up and drop off shall take place at the residence of the maternal grandparents. If Skylar is going to be in Timmins for longer than a weekend, additional parenting time shall take place in accordance with a schedule to be organized by the parties.

iii. Commencing in January 2027, the respondent shall have parenting time once per month, to be organized either on a long weekend or on a weekend coinciding with a school professional development day. If the parenting time falls on a month where there is neither, parenting time shall take place on the second weekend of the month unless otherwise agreed in writing by the parties. The visit in January 2027 shall take place in Timmins and shall occur thereafter on a rotating basis between Ottawa and Timmins.

iv. Except as provided in (vi), for the purpose of the rotating visits occurring in Ottawa:

If the long weekend or professional development day occurs on a Friday, parenting time shall commence on Thursday after school and continue until Sunday at 7:00 p.m.
If the long weekend or professional development day occurs on a Monday, parenting time shall commence on Friday after school and continue until Monday at 7:00 p.m.
If the weekend is not a long weekend, parenting time shall commence on Friday after school and continue until Sunday at 7:00 p.m.

v. Except as provided in (vi), for the purpose of the rotating visits occurring in Timmins:

The applicant shall be responsible for transporting Skylar to and from Timmins.
The parties shall agree upon a start and end time for each visit having regard to the following:

a. Skylar’s school schedule; and,

b. Travel time from Ottawa to Timmins.

vi. Skylar shall be encouraged by the parties to spend the entirety of the rotating visits with the respondent. She may however, subject to her wishes, spend the overnight portions of the rotating visits at her maternal grandparent's home while in Timmins or at the applicant’s home while in Ottawa, or she may remain with the respondent.

b. Each party shall be entitled to communicate with the children while the children are in the care of the other party.

c. Regardless of which party she is with, Skylar shall have access to her phone and/or tablet until 7:00 p.m. daily. Prior to 7:00 p.m., she shall have unfettered access to her devices to contact a parent or grandparent. This time shall be extended to 8:00 p.m. when Skylar is 14 years of age and 10:00 p.m. when Skylar is 16 years of age.

d. Notwithstanding (c):

i. Skylar shall have access to her phone and/or tablet after 7:00 p.m. for her twice-weekly videoconference calls with the respondent, if those calls extend past 7:00 p.m.

ii. Any reasonable request by Skylar to use her phone and/or tablet after 7:00 p.m. to contact a parent or grandparent shall not be refused.

e. The parties shall jointly retain a parenting coordinator (“PC”) on the following terms:

i. The purpose of the PC’s role and process shall be limited to addressing the following issues:

the parties’ communication issues;
any dispute regarding the interpretation or implementation of the terms of this order;
any other dispute regarding the parenting time terms of this order; and,
commencing in April 2027, to assist the parties to develop an extension of the parenting time schedule that will include summer vacations and other holiday periods including, but not limited to, Thanksgiving, Easter, March Break, and Christmas.

ii. The PC shall first try to resolve any issue arises through mediation.

iii. If an issue cannot be resolved through mediation, the PC shall have the power to arbitrate the dispute, including the right to reapportion costs.

iv. With respect to the extension of the parenting time schedule after April 2027, the PC shall have the power to consider the positions of the parties and, absent agreement, to exercise their discretion either to:

fix a schedule having regard to the positions of the parties and the progress of the parenting schedule up to that point; or,
if the proposed changes are extensive and the differences between the parties’ positions too significant, to instead direct the parties to the Court to initiate a Motion to Change.

v. Any arbitration by the PC shall be conducted in accordance with the Arbitration Act, 1991, S.O. 1991, c.17 and the Family Law Act, R.S.O. 1990, c.F.3.

vi. The PC’s decision (“award”) shall be binding and may only be appealed to the court in accordance with s.45(1) of the Arbitration Act, with leave on questions of law only.

vii. Because the PC and the arbitrator shall be the same person, the parties shall waive s.35 of the Arbitration Act.

viii. The parties shall retain the PC for a minimum of two years.

ix. The parties shall each advise the other within (5) business days of this order who they propose to act as PC. If they cannot agree, the then Chair of the Family Law Section of the Ontario Bar Association shall be asked to appoint a family law lawyer with a minimum of fifteen years' experience to act as PC. The applicants’ counsel shall refer the matter to the Chair for that purpose, providing a copy of this order to them.

x. Subject to the PC’s power to reapportion costs, the parties shall pay the upfront cost of the PC’s process with the applicant paying 36% of the cost and the respondent paying 64% of the cost. This apportionment shall be reviewed annually and fixed by the PC; this shall occur on the same date as the annual adjustment of child support, and the apportionment shall mirror the apportionment of the parties’ s.7 expenses.

Reasons

6In arriving at a decision regarding parenting time for Skylar, I am mindful of the fact that she is almost thirteen years of age. While the Court must recognize the role of the applicant and the respondent as decision-makers for Skylar, it cannot overlook the fact that, at her age, she is able to express her views and preferences and has more agency than a younger child. It may be challenging to persuade a child her age to participate in parenting time if she is opposed to doing so. Imposing a strict, inflexible parenting schedule may only serve to drive a further wedge between her and the respondent.

7I am also mindful of the fact that Skylar has special needs; she has been diagnosed with autism and ADHD. She struggles to adapt to change and is emotionally labile. Changes to her schedule and her environment must be approached gradually, flexibly, and with care.

8Skylar and the respondent do not reside in the same city and have not had regular contact with one another since August 2025. The reasons for this are the subject of disagreement, but the fact that this is the status quo is not. This is a relationship that cannot simply be resumed; it must be re-established.

9In my view, it is not in Skylar’s best interests to immediately transplant her to the respondent’s residence for parenting time – that would be traumatic to her and counter-productive to the objective of re-establishing the parent-child relationship. Instead, parenting time between the respondent and Skylar must be gradually reintroduced. In my view this must begin at home in Ottawa, where she is comfortable.

10I have therefore ordered a gradual resumption of parenting time, commencing in Ottawa, and eventually moving toward a rotating schedule between Timmins and Ottawa. I have incorporated a summer visit in Timmins since the maternal grandparents reside in Timmins and Skylar shares a close relationship with them. Skylar will be given a role in process of reintegration by permitting her to decide whether to remain overnight during scheduled visits. In my view, this is in her best interests as it signals to her that her views and preferences are being considered, even if she is not a decision-maker about parenting time as a whole.

11With respect to Skylar’s use of electronic devices during parenting time, in my view it is appropriate that a curfew time be fixed, provided that she has access to the devices to contact the other parent or her grandparents if she makes a reasonable request to do so. Given her special needs, I find that it would not be in her best interests to impose a strict curfew with no flexibility.

12Finally, given the parties’ significant challenges in reaching consensus regarding parenting issues, I am ordering the involvement of a parenting co-ordinator for the next 24 months while they navigate the gradual re-introduction of parenting time. The parenting co-ordinator will be given the authority to expand the parenting schedule in consultation with the parties unless the positions of the parties are so disparate as to require a motion to change.

Child Support

On consent

13The following orders are made on consent:

a. Arrears of s.7 expenses are fixed in the amount of $4,279 as of April 22, 2026.

b. For the purpose of determining s.7 expenses from April 22, 2026 onwards, the following shall be deemed to be eligible expenses:

i. childcare expenses incurred due to the applicant’s employment, illness, disability or education or training for employment;

ii. health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses, and contact lenses;

iii. extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child's particular needs;

iv. expenses for post-secondary education; and,

v. extraordinary expenses for extracurricular activities.

c. The respondent’s obligation to pay child support and to contribute to s.7 expenses for each child shall terminate when the earliest of the following events occurs:

i. the child ceases to be a "dependant" as defined in the Family Law Act, R.S.O. 1990, c.F.3;

ii. the child completes a continuous program of four year of post secondary education and/or obtains one post-secondary degree or diploma;

iii. the child no longer lives with the parties ("lives" includes the child living away from home for school, summer employment, or vacation);

iv. the child turns 18 years of age, unless the child is unable to become self-supporting due to illness, disability, education, or other cause;

v. the child becomes self-supporting;

vi. the child marries; or,

vii. the child dies.

d. Commencing on May 31, 2027, and on or before May 31st of each year for so long as child support is payable, the applicant and the respondent shall each provide to the other a copy of their respective Notice of Assessment or Re-Assessment, and their Income Tax Return with enclosures for the previous tax year.

Not on consent

14The following orders are made by the Court following the hearing:

a. Commencing on July 1, 2026, and payable on the first day of each month thereafter, the respondent shall pay to the applicant child support in the monthly amount of $2,151 for the following children: Tyler Bastin, born January 21, 2009, and Skylar-Julie Bastin, born November 21, 2013. This amount is in accordance with the Child Support Guidelines (Ontario) and is fixed based upon the respondent’s annual income for 2025 in the amount of $151,342 and the applicant’s annual income for 2025 in the amount of $84,789.

b. Section 7 expenses shall be apportioned between the parties as follows:

i. For the period from April 23, 2026 to June 30, 2026, the applicant shall be responsible for 39% and the respondent shall be responsible for 61% of eligible s.7 expenses.

ii. Commencing on July 1, 2026, the applicant shall be responsible for 36% and the respondent shall be responsible for 64% of eligible s.7 expenses.

c. Commencing in 2027, guideline child support and s.7 expenses shall be adjusted as of July 1st annually in accordance with the Child Support Guidelines (Ontario) having regard to the parties’ incomes for the prior year.

d. In determining their respective contributions towards s.7 expenses, the parties shall deduct any approved subsidies or benefits related to the expenses. The parties shall make reasonable efforts to obtain such benefits and subsidies and any party submitting an application or claim shall provide the other with all documents confirming the approval of such subsidies and benefits, including the amounts approved.

e. The parties shall co-operate with respect to the submission of claims for benefits or subsidies. Each shall promptly sign any authorizations or documents, or provide any requested information, as required by the benefits carrier.

f. Any request for reimbursement of s.7 expenses shall be accompanied by receipts or statements showing the total amount of the expense paid and the total amount of any coverage paid for the expense.

g. Reimbursements of s.7 expenses shall be paid within thirty days of being requested.

h. Neither party shall incur a s.7 expense for a child in excess of $250 without first obtaining the consent of the other, which consent shall not be unreasonably withheld. For expenses in excess of $250, if the parties cannot agree, they shall mediate the issue and if the mediation fails then either can commence a court proceeding to determine the issue.

i. The respondent owes child support arrears to the applicant fixed in the amount of $17,174 as of June 30, 2026. This is in addition to the amount owing by the respondent for arrears of s.7 expenses.

j. The respondent shall make payments to the applicant towards the arrears owing for child support and s.7 expenses fixed pursuant to this order in the total amount of $300 per month. These payments shall commence on July 1, 2027, and shall be payable on the first day of each month thereafter until the arrears are paid in full. For clarity, the respondent shall pay $0 toward the arrears fixed pursuant to this order, from the date of this order until June 30, 2027.

Reasons

15As a starting point, for the purpose of this order, I have fixed child support for periods that run from July 1st in a year until June 30th in the following year, based upon the prior year’s income. I have done this for the sake of consistency, as this is the child support adjustment date that I have fixed on a go-forward basis.

16In fixing ongoing child support and calculating arrears, I used a DivorceMate calculator to determine the support amounts payable; I did so because there was disagreement between the parties regarding the guideline support amounts. I have attached the DivorceMate summaries as Schedule A and a chart summarizing my arrears calculations as Schedule B.

17As noted in Schedule B, ongoing child support will be fixed at $2,151 per month, commencing July 1, 2026. Child support arrears for the period from October 1, 2022 to June 30, 2026 will be fixed in the amount of $17,174 (exclusive of s.7 expenses). My additional reasons for arriving at this arrears amount are as follows:

a. There was inconsistent information regarding the child support that has been paid to the date of the hearing. The applicant provided a detailed chart of the dates that payments were made, and the amounts paid to the end of December 2025; the respondent made broad unsubstantiated assertions about voluntary support payments. I was more persuaded by the applicant’s evidence on this issue and accepted it for the purpose of calculating arrears. I did assume that the voluntary payments of $1,100 per month were current as of June 30, 2026, but will provide a mechanism to address this if I am incorrect in this assumption.

b. With respect to the monthly reduction of support ordered on consent on December 22, 2023, it is undisputed that the reduction was ordered in contemplation of the respondent’s expenses to travel to Ottawa for parenting time; no other conditions were attached to it. It was not conditional upon the respondent exercising parenting time monthly or any other minimum number of times. I am not prepared to impose such a condition retroactively; I therefore deny the applicant’s request to apply the reduction only during those months that the respondent exercised parenting time.

c. It is my view that the reduction did contemplate that the respondent would be exercising some parenting time that would put him to the expense of travelling. It is undisputed that the respondent has had no parenting time since August 2025; the reasons for this are irrelevant to the determination of support. What is relevant is that the respondent has incurred no parenting-related travel expenses since August 2025. I find in the circumstances that the reduction should not be applied after August 2025.

d. With respect to travelling expenses going forward, the respondent acknowledged in argument that he did not satisfy the criteria for undue hardship pursuant to s.10 of the Child Support Guidelines (Ontario). As such, he is not entitled to a reduction of guideline child support due to his parenting-related travel expenses, and none will be ordered.

e. The respondent argued in the alternative that his income for the purpose of calculating child support ought to be capped at $150,000, in contemplation of his parenting-related travel expenses; he relied upon s.4 of the Child Support Guidelines (Ontario). Given the rotating parenting schedule that I have ordered, I am not prepared to grant this relief. That schedule contemplates that both parties will be transporting the children and incurring parenting-related travel expenses.

18Ongoing s.7 expenses were substantially addressed on consent, with the exception of the process for submitting and paying them. Given the parties’ challenges in agreeing upon on most issues, it is my view that it would be untenable to require consensus prior to incurring s.7 expenses. As a result, I am ordering that it is only required with respect to expenses in excess of $250; failing this, such expenses will be the subject of a mediated agreement or court order before they will be enforceable.

19Finally, commencement of the payment of arrears is deferred until July 2027. I have made this order in recognition of the fact that parenting time will primarily take place in Ottawa, at the respondent’s expense, until the end of 2026. Further, I am fixing the monthly payment of arrears in the amount of $300, having regard to the amount of arrears owed and the additional expenses the respondent will be incurring to exercise parenting time (for example, the respondent will be required to incur accommodation expenses and the applicant will not).

Implementation

20I make the following orders with respect to the implementation of this Binding Judicial Dispute Resolution decision:

a. The parties may make written submissions regarding any calculation errors within 30 days of the date of this decision, or alternatively, they may schedule a case conference before me to make oral submissions by contacting the Trial Co-ordinator. Failing this, the orders made shall become final.

b. Should either party identify any outstanding issues in the proceeding not addressed in this decision, or should they require the direction of the Court with respect to the implementation of any aspect of this order, they may schedule a case conference before me by contacting the Trial Co-ordinator within (30) days of the date of this order.

c. The parties shall each submit their written costs outlines and costs submissions, or alternatively any agreement between them as to costs, by or before August 31, 2026. Costs submissions shall not exceed five pages double-spaced, exclusive of costs outlines.

Cullin J.

Released: July 21, 2026

CITATION: Chartier v. Bastin, 2026 ONSC 4256

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

MELANIE CHARTIER Applicant

– and –

STEVEN BASTIN Respondent

REASONS FOR DECISION

BINDING JUDICIAL DISPUTE RESOLUTION HEARING

Cullin J.

Released: July 21, 2026