2 total
Applicant awarded $52,000 in costs following a high-conflict custody trial where he was largely successful.
Following an 18-day family law trial primarily concerning custody and access, the applicant father sought costs of $73,687.
The respondent mother argued for no costs due to divided success and her limited financial means.
The court found the applicant was more successful overall, having succeeded on the primary issue of the children's residence.
After considering the parties' conduct, offers to settle, and the respondent's financial hardship, the court awarded the applicant costs fixed at $52,000.
The court allowed the costs to be set off against any equalization payment but declined to set them off against spousal support or secure them against the respondent's separate civil litigation claim.
Primary residence of children awarded to father due to mother's failure to facilitate access.
The parties engaged in a high-conflict family law trial primarily concerning the custody and primary residence of their two children following the father's military posting to Petawawa.
The mother, who had suffered catastrophic injuries in a motor vehicle accident, sought to maintain the children's primary residence in Kingston.
The court found that while both parents were capable, the mother had failed to facilitate contact between the children and the father.
Considering the older child's consistent wish to live with his father and the principle of maximum contact, the court ordered joint custody with primary residence to the father.
The court also ordered the father to pay spousal support and calculated arrears for Section 7 expenses.
