OO. Enforcement of Costs; Bankruptcy

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 572-572

572 CHILD SU PPORT GUIDELINES IN CA NADA, 2012

It is incumbent on the Ontario Family Responsibility Of‌f‌ice to keep up-to-date and

reliable records and to respond in a timely fashion to reasonable inquir ies respecting those

records. An order for f‌ixed costs against the Ontario Family Responsibility Of‌f‌ice may be

deemed appropriate for its substantial delay in responding to simple questions concerning

the meaning of and justi f‌ication for various entries on a statement of arrears that it provided

for the purpose of a legal proceeding.255

e costs of an appeal respecting child support are enforceable by the Family Respon-

sibility Of‌f‌ice as a “support order” by virtue of sec tion 1(1) of the Family Responsibility and

Support Arrears Enforcement Act (O ntar io).256

OO. ENFORCEMENT OF COSTS; BANKRUPTCY

Section 1(1)(g) of the Family Responsibility and Support Enforcement Act257 provides that a

“support order” includes “the payment of legal fees . . . arising in relation to support.” An

order for costs falls within this provision.258 e advantages of an order under this provi-

sion are that the costs award is enforceable by the Family Responsibi lity Of‌f‌ice and it is not

discharged in a ban kruptcy by virtue of section 178(1)(c) of the Bankruptcy Act.259

255 Moberg v. Peterson, [2001] O.J. No. 4871 (S.C.J.).

256 Family Responsibility an d Support Arrears Enforceme nt Act, 1996, S.O. 1996, c. 31. See A.M. D. v. A.J.P.,

[2003] O.J. No. 3 at para. 17 (C.A.).

257 Ibid.

258 Sordi v. Sordi, 2011 ONCA 665.

259 R.S.C. 1985, c. B -3. See Wildman v. Wildman (2006), 82 O.R. (3d) 401 at para. 54 (C. A.); Hatcher v.

Hatcher, [2009] O.J. No. 3342 (S.C.J.).