Ontario Civil

Bankruptcy and Insolvency

Effect of bankruptcy on other proceedings

Proceedings against bankrupt

Motion for order that cost award was debt not discharged by bankruptcy granted in part
Father brought motion to vary order for custody and support of child. Father’s claim for shared custody was dismissed at trial. Trial judge awarded sole custody to mother and adjusted child support. Costs were awarded to mother. Father made assignment in bankruptcy and was later discharged. Mother brought motion for order that cost award was debt not discharged by bankruptcy. Motion granted in part. Child support issue was inextricably linked to father’s shared custody claim, and they could not be separated. It was reasonable to apportion costs equally between shared custody claim and child support claim. 50 percent of costs to be considered debt in relation to support of child living apart from father.
Taylor v. Sist (2017), 2017 CarswellOnt 10650, 2017 ONSC 4280, Gareau J. (Ont. S.C.J.).

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