Bohdan Shulakewych

The defendants moved to strike the plaintiffs' $20 million claim arising from the revocation of the plaintiff's aviation delegation.

The court struck the claims for conspiracy, breach of contract, injurious falsehood, negligence, wrongful dismissal, and intentional interference with contractual relations for failing to plead necessary elements, but granted leave to amend.

The court declined to strike the claim for misfeasance in public office, finding it adequately pleaded, and dismissed the defendants' motion to strike portions of the claim as scandalous or an abuse of process.

This is a costs decision following a Hague Convention application.

The father sought the return of two children wrongfully retained in Canada by the mother.

The father was entirely successful in his application, with the court finding overwhelming evidence that the children's habitual residence was the United Kingdom and that the father had not consented to or acquiesced in their retention in Canada.

The court awarded costs to the father on both a full recovery basis under the Family Law Rules and under Article 26 of the Hague Convention, finding the mother's conduct unreasonable in proceeding to trial without adequate evidence to support her claims.