Areesha Subair

Following a successful motion by the applicant mother to temporarily relocate to New Brunswick with the child, the parties submitted written arguments on costs.

The mother sought $36,377.24 on a full recovery basis, while the father argued each party should bear their own costs due to his offer to settle and financial strain.

The court found the mother's legal fees excessive and disproportionate.

Considering the father's severable offer to settle made two days before the hearing, the court awarded the mother $5,000 in costs on a partial indemnity basis.

The applicant mother brought an urgent motion for a temporary order allowing her to relocate from Ottawa to New Brunswick with the parties' 8-year-old child and for sole interim custody.

The mother, who had been the child's sole caregiver since separation, sought to move to be closer to her extended family for support while working remotely during the COVID-19 pandemic.

The respondent father opposed the motion, alleging alienation.

The court applied the mobility framework and found it was in the child's best interests to permit the temporary relocation, noting the mother's historical role as primary caregiver, the father's minimal involvement, and the benefits of family support and lower COVID-19 risks in New Brunswick.