Sheila R. Gibb

In this uncontested family law trial, the court granted the applicant sole decision-making authority and primary residence of the child, a final restraining order against the respondent, retroactive and prospective child support with imputed income, section 7 expense contributions, occupation rent, defamation damages, and restrictions on future proceedings.

The respondent's pleadings had been struck due to his pattern of non-compliance with court orders, abusive and threatening behaviour toward the applicant and child, and abuse of the court process.

The respondent engaged in domestic violence, property destruction, harassment through social media, and defamatory posts.

The court found the respondent's conduct reprehensible and relentless, warranting comprehensive protective orders and financial remedies.

The court granted the applicant's motion to strike the respondent's pleadings under Rule 1(8) of the Family Law Rules due to repeated breaches of court orders, failure to pay costs, and ongoing inappropriate conduct.

The respondent was precluded from participating further in the proceedings, and the matter was set down for an uncontested trial.

The court found the respondent's allegations of judicial bias to be without merit and determined that all lesser remedies had been exhausted.

The applicant sought an interim 2-2-3 parenting schedule for their five-year-old daughter, N., following the parents' separation and the applicant's gender transition.

The respondent opposed, requesting a longer 'step-up' schedule.

The court considered N.'s best interests, noting her anxiety due to significant life changes and the respondent's role as primary caregiver.

The court ordered a phased 'step-up' parenting schedule, culminating in the applicant having parenting time 5 out of every 14 days, conditional on securing a suitable residence near the matrimonial home.

The court emphasized minimizing adverse impact on the child's well-being.

Jennifer Leitch sought an order to immediately list and sell the matrimonial home (the "Farm") without Anthony Novac's consent and to retain the net proceeds.

Anthony opposed, seeking to participate in the sale and have proceeds held in trust, with certain amounts paid to him for costs and chattels.

The court found Anthony unreasonably withheld consent by imposing conditions.

The court authorized Jennifer to sell the Farm with sole authority over negotiations and closing, subject to agreed-upon terms for listing and a minimum price.

The net proceeds, after payment of a $5,000 Divisional Court costs order, are to be released to Jennifer, rejecting Anthony's request to hold them in trust or for immediate payment of other claimed amounts, to ensure Jennifer's access to justice for ongoing complex litigation.

The appellant wife sought damages for conspiracy against her husband and his family, alleging they diverted business proceeds to reduce her support payments.

The motion judge granted partial summary judgment dismissing the conspiracy claim and awarded substantial costs against the wife.

On appeal, the Court of Appeal found that the motion judge erred by improperly bifurcating issues, misapplying the tort of conspiracy in the family law context, and making palpable factual errors regarding critical evidence.

The Court emphasized that the tort of conspiracy is a valuable tool to deter non-disclosure and ensure collectibility of judgments in family law.

The appeal was allowed, the partial summary judgment and associated costs orders were set aside, and a new trial was ordered before a different judge.

The respondent Anthony Novac and third-party respondents (collectively "Novac/Sonco") brought motions for a preservation order and security for costs, respectively, against the applicant Jennifer Ann Leitch.

These motions followed a prior judgment where Leitch was ordered to pay significant costs.

Anthony sought a preservation order for Leitch's assets, including the Caledon farm property, and alternatively, its transfer to him based on a trust claim.

Novac/Sonco sought security for costs and preservation of the farm and artwork.

Leitch opposed, wishing to sell the farm and arguing against priority for creditors and lack of grounds for a Mareva injunction.

The court dismissed Anthony's request for the farm's transfer but granted the preservation orders for the farm and artwork in Leitch's possession, finding that Leitch's financial circumstances and prior unreasonable conduct justified securing the substantial costs awards.

The applicant, Jennifer Ann Leitch, brought a motion for a declaration of conspiracy and damages, while the respondent, Anthony James Charles Novac, brought a cross-motion for a decrease in child and spousal support.

The applicant's motion was dismissed, and the respondent's motion was granted.

This ruling addresses the significant costs sought by the successful respondent and third-party respondents (Novac/Sonco) against the applicant.

The court considered the parties' offers to settle, the complexity of the issues, the applicant's unreasonable litigation strategy, and the proportionality of the costs.

The court rejected the applicant's arguments for reducing costs based on the respondent's alleged misrepresentation of income or her limited means, emphasizing that the applicant, a litigation lawyer, understood the risks.

The mother sought a stay of an order requiring the return of two young children to their habitual residence in Tennessee, United States, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction.

The mother had removed the children from Tennessee to Ontario without the father's consent.

The application judge found the children's habitual residence was Tennessee and that return would not expose them to grave harm.

The mother could not return to the United States due to immigration restrictions, while the father had a criminal record preventing entry to Canada.

The Court of Appeal dismissed the motion for a stay, finding no serious question to be tried on appeal, no irreparable harm to the children, and that the balance of convenience favoured prompt return to the jurisdiction of habitual residence.

The respondent, having successfully stayed a custody application due to lack of jurisdiction and secured the child's return, sought costs.

The applicant opposed, citing inability to pay and challenging the Family Responsibility Office's enforcement jurisdiction.

The court denied FRO enforcement for custody-related costs but awarded $100,000 in costs to the respondent, citing the applicant's egregious conduct, bad faith, and unreasonableness, and the importance of the issues, while considering the applicant's ability to pay.

The applicant mother sought a temporary order to vary access provisions to allow her to relocate with the child to Kelowna, B.C., citing dire financial straits and employment opportunities.

The respondent father had also brought motions for joint custody, a shared parenting schedule, and a child assessment.

The court granted the mother's request for temporary relocation, finding it to be in the child's best interests, particularly given the father's limited recent involvement and the impending trial.

The father's motions for joint custody and a shared parenting schedule were adjourned, and his other requests were dismissed.