S. Cocieru

Following a trial where the applicant mother was successful in obtaining primary residence of the parties' son, she sought costs on a full or partial indemnity basis.

The court reviewed the parties' offers to settle, allegations of bad faith, and the respondent father's ability to pay.

Applying the principles of reasonableness and proportionality under the Family Law Rules, the court ordered the respondent to pay the applicant $28,000 in costs.

The applicant mother brought a motion to change a final order to allow the parties' six-year-old child to reside primarily with her in Barrie, rather than alternating weeks between Barrie and the respondent father's home in Pembroke.

The court found that the child entering full-time school constituted a material change in circumstances.

After weighing the factors under the Divorce Act, including the mother's historical role as primary caregiver, the child's strong bond with his half-brother, and the recommendations of the Office of the Children's Lawyer, the court determined it was in the child's best interests to reside primarily with the mother.

The father was granted liberal parenting time.

The court reviewed the applicant mother's compliance with a temporary order for supervised access between the respondent father and their three children.

The court found that the mother failed to comply with the order by not redirecting the children's negative behaviour during virtual visits and by failing to require them to attend in-person supervised visits.

The court ordered that supervised access continue, with strict directions that the mother must facilitate the visits and discipline the children if they do not participate positively.

The eldest child's visits were ordered to be separate due to his negative influence on his siblings.

Costs of $21,000 were awarded to the respondent father.