2 total
Mother awarded $34,968.42 in costs after succeeding on school choice and parenting schedule issues.
Following a focused hearing where the applicant mother was successful on the issues of school choice and the interim parenting schedule, the court determined the issue of costs.
The mother sought costs on a partial indemnity basis prior to her offer to settle and full indemnity thereafter.
The court found the mother's offer to settle was substantially similar to the final order and awarded her partial indemnity costs prior to the offer and substantial indemnity costs thereafter.
The court also applied the principle that costs for a settlement conference cannot be awarded if the endorsement is silent on costs.
The father was ordered to pay total costs of $34,968.42.
Summary judgment was granted finding the children in need of protection, but disposition was ordered to trial.
The Family and Children’s Services of Lanark, Leeds and Grenville (the Society) brought a motion for summary judgment seeking a finding that two children were in need of protection and a final order granting custody to the father with supervised access for the mother.
The mother opposed the motion, arguing that a full trial was necessary.
The court granted summary judgment on the finding that the children were in need of protection, citing the mother's assault convictions and mental health issues.
However, the court dismissed the motion for summary judgment regarding the disposition, finding a genuine issue for trial concerning the parents' abilities to care for the children and the lack of a solid, workable access plan for the mother, particularly given the high hostility between the parents and the children's wishes.
