Wayne G. Stickland

The defendant hospital moved to compel the representative plaintiff in an uncertified class proceeding to provide medical records and other documents requested during her cross-examination on a certification affidavit.

The plaintiff sought damages for intrusion upon seclusion.

The court dismissed the motion, finding that the requested documents were not relevant to the certification issues and that their production would be disproportionate to the needs of the certification motion.

The court also clarified that plaintiff's counsel did not breach an undertaking.

Trial decision determining custody and access arrangements for two children following separation of unmarried parents.

The applicant sought joint custody and week-about residency arrangements, while the respondent sought sole custody with limited access.

The court found that although both parents were capable of parenting, the persistent conflict and poor communication between them made a joint custody order inappropriate.

Sole custody was awarded to the mother with specified access to the father, including every other weekend, weeknight visits, and summer access.

Child support was ordered at $698 per month with arrears calculated from the first day of trial.

The applicant father sought a temporary order for child support and spousal support from the respondent mother.

The parties had cohabited since 2001 and had two children but never married.

They separated in April 2012 and shared custody on a week-about basis.

The applicant claimed he was unable to work due to medical issues and had no income.

The respondent, a registered nurse earning $83,000 annually, opposed the application and argued the applicant was intentionally underemployed.

The court imputed income to the applicant based on his capacity to earn as a skilled tradesperson and ordered the respondent to pay child support using the set-off method.

No spousal support was awarded.

Following an uncontested family law trial, the court addressed custody, access, child support, spousal support, property division, health benefits, and costs after the respondent failed to participate in the proceeding.

The court granted the applicant custody of the remaining dependent child and ordered reasonable access subject to the child’s wishes.

Child support arrears were calculated based on imputed income due to the respondent’s failure to provide financial disclosure.

The court also ordered retroactive and ongoing spousal support, reimbursement of medical expenses, return of personal property, and disclosure of pension information for equalization purposes.

Significant costs were awarded due to the respondent’s failure to comply with court orders and lack of participation.

A custody dispute concerning a four-year-old child, Renee Donna Christine Gilson, between her mother Chantalle Battiston and father Gregory Gilson.

The parents had shared equal week-about custody since their separation in January 2009.

The mother relocated to Richmond Hill in June 2010 without court approval.

The court determined that while both parents were equally devoted and capable, custody should be awarded to the mother based on the principle of maximizing contact between the child and both parents.

The father was awarded access every second weekend during the school year and week-about access during summer months.

The mother was permitted to relocate and was subject to conditions including abstinence from alcohol when the child was in her care and ongoing mental health support.