Wendy Trieu

The court determined costs following earlier motions concerning an interim variation of a child support order and a stay of a motion to change.

The respondent’s motion for interim relief was dismissed, while the applicant was partially successful on her motion to stay the respondent’s motion to change.

The court found the respondent’s conduct unreasonable due to persistent failures to provide adequate financial disclosure and failure to approach the court with clean hands.

Although the applicant sought costs approaching full indemnity, the court noted no Rule 18 offer to settle had been served and reduced the award accordingly.

Costs were fixed at $3,500 inclusive of HST and disbursements and ordered payable forthwith as a support order under the Family Responsibility and Support Arrears Enforcement Act.

The respondent father brought a motion to change seeking an interim reduction in child support under a prior final order, alleging decreased income from self-employment and requesting relief including reduced arrears and reinstatement of his driver's licence.

The mother brought a cross‑motion seeking dismissal or a stay of the motion to change due to substantial child support arrears and unpaid costs orders.

The court held that interim variation of a final child support order requires a clear prima facie case of hardship and full financial disclosure.

The father failed to provide adequate financial disclosure, had not complied with prior costs orders, and had not approached the court with clean hands.

The motion for interim relief was dismissed and the motion to change was stayed until outstanding costs were paid.