William Clements Fanjoy

This endorsement from a settlement conference addresses financial disclosure and parenting issues.

Regarding financial disclosure, the court directed the parties' Certified Business Valuators to confer and agree on necessary disclosure, with any disagreements to be addressed at a subsequent conference or motion.

On parenting, the court vacated the applicant's scheduled summary judgment motion for final custody and supervised access, exercising case management powers under the Family Law Rules.

The judge emphasized that the custody issue was not urgent, and vacating the motion would encourage alternative dispute resolution and ensure proportionate use of court resources, especially given court backlogs and upcoming changes to the Divorce Act.

This is a costs endorsement following an order of May 25, 2020.

The Applicant sought partial indemnity costs of $3613.74 plus $500 for costs submissions, based on success on the motion.

The Respondent argued for no costs, or that costs be reserved to the trial judge, or offset against child support arrears, and highlighted her limited means.

The court considered the Applicant's substantial success and the Respondent's limited means, fixing costs at $3500.00 inclusive of fees, disbursements, and taxes, payable by the Respondent to the Applicant within 60 days.

The applicant sought to return their child to an equal week-about parenting schedule, citing urgency due to the pandemic.

The respondent consented to the return to the schedule but cross-moved for a Voice of the Child Report, a s. 30 Children’s Law Reform Act assessment, or a s. 112 Courts of Justice Act report.

The court granted the applicant's request for the immediate return to the established parenting schedule with police enforcement and ordered compliance with COVID-19 directives and non-disparagement.

The respondent's cross-motion for reports was dismissed without prejudice due to lack of reasonable notice and the absence of a case conference.

The appellant appealed an arbitration award concerning spousal support, life insurance, and medical benefits.

The arbitrator had conducted a de novo review of the separation agreement's support provisions, leading to a step-down and eventual termination of spousal support.

The appellant argued the arbitrator erred in interpreting the scope of the review and in exercising discretion.

The court dismissed the appeal, finding the arbitrator correctly interpreted the separation agreement as allowing a de novo review and did not make palpable and overriding errors in her discretionary decisions regarding support and costs.