Stanleigh Palka

The respondent sought costs of $15,000 following a motion where he was successful on the issues of partition and sale of the matrimonial home and child access, but unsuccessful on temporary spousal support and the quantum of child support.

The applicant argued that the parties should bear their own costs.

The court found that the respondent was successful on the most important issues and awarded him costs, discounted to $7,500 to reflect the mixed results.

The costs were ordered to be paid forthwith or deducted from the applicant's share of the proceeds from the sale of the matrimonial home.

The applicant mother sought temporary orders for child support and a restrictive parenting schedule, while the respondent father sought increased parenting time, partition and sale of the matrimonial home, and spousal support.

The court expanded the father's parenting time to three days a week, finding the mother had unreasonably restricted his access despite his capability.

The court ordered the immediate partition and sale of the matrimonial home, finding no prejudice to the mother's equalization claims, and ordered her to pay $1,000 monthly in occupation rent.

The father was ordered to pay $21,600 in retroactive child support and $500 monthly in ongoing child support, with his spousal support claim dismissed.