Susan Powell

This endorsement addresses the costs of a nine-day Motion to Change (MTC) hearing, which was brought by the self-represented Respondent, Douglas Taylor, to increase his parenting time.

The court found Mr. Taylor to be the successful party, as he obtained orders for increased parenting time and other terms, including reimbursement for a cancelled vacation and the use of the children's proper surname.

The Applicant, Lynda Johnson, was found to have acted unreasonably in failing to support Mr. Taylor's parenting time.

Mr. Taylor's offers to settle were better than the outcome achieved at the hearing.

The court awarded Mr. Taylor $18,000 in all-inclusive costs, to be paid by Ms. Johnson, reflecting a fair, reasonable, and proportionate amount.

The father brought a motion to change regarding parenting time and access.

The court issued a temporary endorsement ordering scheduled Facetime communication, progressive in-person parenting time in Collingwood, and mandatory participation in the New Ways for Families therapy program.

The parties were also ordered to use Our Family Wizard for communication, with full reasons to follow.

The applicant father brought a motion to change a prior custody order after the parties’ daughter refused parenting time and allegations of parental alienation arose.

Evidence from expert psychiatric testimony and other witnesses supported findings that the respondent mother had engaged in a long-standing campaign of alienating behaviour that had already destroyed the father’s relationship with the parties’ older child and posed a serious risk of emotional harm to the younger child.

The court found the mother lacked insight into her conduct and had failed to meaningfully pursue therapy despite prior court orders.

Applying the best interests test under s. 24(2) of the Children’s Law Reform Act and s. 16 of the Divorce Act, the court concluded that continued contact with the mother without treatment would expose the child to further emotional harm.

The father was granted sole custody and the mother was denied access until completion of therapeutic treatment addressing her alienating behaviour.

A costs decision following a motion to change child support.

The respondent father sought to vary a child support order and recalculate arrears.

The applicant mother sought costs.

The court found that the respondent father behaved unreasonably throughout the litigation, particularly regarding his failure to provide adequate financial disclosure despite multiple court orders and motions.

The court awarded costs to the mother, finding the father's conduct was deliberately uncooperative and designed to gain advantage.