Stella Iriah Anaele

This is a costs endorsement arising from a Motion to Change heard on March 23, 2017.

The respondent sought to set aside a default order from 2009 and terminate child support obligations, claiming he was never served with the original application.

The applicant was successful on all issues.

The court dismissed the respondent's motion and varied the original order to reflect the respondent's actual income where proven, and imputed income where not.

The respondent subsequently filed a Form 14B requesting reconsideration due to hardship, which was dismissed.

The applicant then sought costs but filed submissions late.

The court awarded costs of $1,000 inclusive of disbursements and applicable taxes, finding the applicant was the successful party but noting the applicant's counsel failed to provide a proper Bill of Costs.

The respondent father brought a motion to change a custody and child support order dated June 26, 2009, claiming he was never served with the original application and seeking to terminate his support obligation and obtain joint custody.

The court found the father was properly served based on the affidavit of the process server and rejected his claim of lack of notice.

The court varied the order, fixing arrears at $39,105.00 and establishing ongoing child support at $540.00 per month based on imputed income of $59,431, after finding the father's income claims were not credible and drawing adverse inferences for years where he failed to provide documentation.

This is a costs decision following a trial in a parenting and child support case.

The respondent (mother) was granted custody of the two children and the applicant (father) was granted graduated access.

The father was ordered to pay child support based on imputed income.

The mother sought full recovery of costs at $8,358.50, while the father sought no costs order.

The court found the mother was the successful party on custody and access issues, with divided success on child support.

The court awarded costs to the mother in the amount of $4,200, inclusive of fees, disbursements and HST, payable in monthly instalments of $200 commencing October 1, 2014.

The respondent father sought joint custody of two children (ages 16 and 10) with primary residence to remain with the applicant mother, along with specified access including extended summer visits in North Carolina.

The mother sought sole custody, child support based on imputed income of $60,000, and a non-removal order.

The Office of the Children's Lawyer recommended sole custody to the mother with gradual access in Canada only.

The court granted sole custody to the mother, finding the parents' communication was severely compromised and joint custody was not in the children's best interests.

Access was ordered on a gradual basis within the Greater Toronto Area, with a non-removal order.

Child support was imputed at $27,600 per annum ($400/month) effective August 1, 2014, increasing to $35,000 per annum ($508/month) effective January 1, 2015.