I read a case on Canlii that provided for theses sorts of expenses as being s7. That said, you may have years of status quo working against you. So be careful on how you proceed. A claim for expenses going forward would likely be successful, but know there is always the chance that it may not be.
2012 separation -- no hockey
2014 separation agreement - no hockey (see excerpts below)
2014 divorce - no hockey
2016 - Ex moves kids to location that triples hockey (ALL) transportation for me
2016 - one of three was kids registered without consent. Ex provided transportation and also withheld access on more than one occasion for the one child because she found it inconvenient to drive him back and forth. Never asked, just did it.
2017 - ex registered all three kids without consent. Ex refused to provide transportation. I in writing stated I am not consenting. Because ex refuses to provide transport kids scream bloody murder so I do it on my residency days. They are now arguing implied consent because i did the driving and watched the games (see paragraph 4.12 below)
If hockey pre-dated separation agreement since 3 kids in an expensive sport then probably Section 7.
Since no consent in advance and hockey started when agreement was in force then ????
I plead normal expenses, not my problem. FRO agreed and denied her claims including implied consent. Otherwise this would be carte blanche for my ex to do as she pleases adn send me the bill.
I requested other activities other than hockey (basketball, swimming etc and was ignored.
EXCERPTS OF IN FORCE AGREEMENT
4.1 XXXX and YYYY shall share joint legal custody of their children, subject to paragraph 4.11 below.
4.6 Neither XXXX nor YYYY will schedule an event or activity for a child or the children that takes place on the other parent’s time without first obtaining the other parent’s consent in writing or by e-mail.
4.8 XXXX and YYYY will make important decisions about the children's welfare jointly, meaning neither parent can unilaterally make an important decision on behalf of the children, subject to paragraph 4.11 below. XXXX and YYYY agree “important” decisions include including decisions about:
(f) Registering the children in sports/activities/lessons that take place on the other parent’s time or impact the other parent financially, subject to paragraph 4.10
(g) Any decision having a financial impact on the other parent.
(h) Any decision having an impact on the other parent’s time.
4.10 Neither party will register the children for activities unless both of them consent to the activity and the cost in writing prior to registering the child, consent not to be unreasonably withheld. If a parent does not object to the activity but is not prepared to pay the cost of the activity or commit his/her time then the other parent may register the child for the activity provided he/she pays the cost and he/she is responsible for taking the child to and from the activity.
4.11 The parties must confer with each other and have good faith discussions on all important decisions (set out in paragraph 4.8) relating to the children.
4.17 XXXX and YYYY may both attend all the children’s doctors’ and dentists’ appointments, school functions and activities, parent teacher interviews, sporting events and religious ceremonies in which a child is participating that takes place away from the other parent’s home. The parties also mutually commit to maintaining a positive atmosphere at any such mutual attendance so as to insulate the children from any conflict or negative feelings that may exist between the parents. If one parent makes an appointment for the child (doctor, dentist, parent teacher, principal, etc.) he/she will advise the other parent and the other parent may attend. Neither party will attend a child’s doctor or dentist appointment, or parent teacher interview.
7.1 XXXX and YYYY will share the children’s special and extra-ordinary expenses in proportion to their NDI’s provided each party provides his or her consent to the expense, in writing, in advance of the expense being incurred. Neither party will unreasonably withhold his or her consent. The parties will determine their proportionate shares based on their previous year’s income as set out in paragraph 9.1 below. For example, the parties’ proportionate share for 2014 will be based on their 2013 NDI’s.
8.1 Provided XXXX is paying YYYY full table child support, YYYY shall pay for all costs for the children that are not special or extraordinary including but not limited to:
(a) Registered programs or activities that are less than $1,800 in total for all children for each period from September 1 to August 31
