Vogelsang

The respondent father brought a motion to resume unsupervised access to his daughter after completing a six-month period of supervised access, which had been agreed upon following unfounded allegations of sexual abuse.

The applicant mother opposed the resumption of unsupervised access and attempted to introduce new evidence to relitigate the issue.

The court found that the respondent was generally successful on the motion and awarded him costs.

Applying the principles of costs under the Family Law Rules and the Courts of Justice Act, the court ordered the applicant to pay the respondent $2,500 in costs.

The applicant mother sought summary judgment for sole custody, child support, and a denial of access to the respondent father.

The respondent father had a history of egregious misconduct, including criminal charges, harassment of the applicant, and violating previous court orders.

The court applied the expanded summary judgment rules under the Family Law Rules, finding no genuine issue requiring a trial.

The court granted the applicant sole custody and child support, and suspended the respondent's access, finding that his behavior made even supervised access unworkable and contrary to the child's best interests.