B. Guslits

The responding party brought a motion seeking enforcement of a final consent order made on December 19, 2024, which divided the matrimonial home's contents between the parties upon separation.

The moving party alleged that the responding party breached the order by removing nearly all household contents, fixtures, furniture, and appliances from the home contrary to the agreed terms, causing estimated damages of $111,000.

The court found a clear and wilful breach of the final order under Rule 1(8) of the Family Law Rules, rejected the clean hands argument premised on alleged child support non-compliance, and awarded $60,000 as compensatory damages or, in the alternative, as a fine or penalty, enforceable as a judgment not to be set off against child support obligations.

The case concerns a father's motion to return a child (L.F.R.) to London, Ontario, and the mother's cross-motion to allow L.F.R. to remain with her in Springhill, Nova Scotia, following a relocation.

The court found the mother had complied with the separation agreement's relocation notice provisions and, alternatively, that the relocation was in the child's best interests, particularly given the child's transgender identity and the supportive environment in Springhill.

The father's motion was dismissed, and the mother's cross-motion was granted, allowing L.F.R. to remain in Springhill.