The applicant mother brought a short motion to relocate with the parties' two children from Toronto to Winnipeg.
The respondent father sought an adjournment to a long motion to allow for cross-examination on the affidavits, citing credibility issues regarding parenting time and the mother's failure to comply with a prior scheduling order.
The court granted the adjournment, finding that procedural fairness required cross-examination given the permanent implications of relocation.
Despite being successful, the father was denied costs because his affidavit failed to comply with the Consolidated Provincial Practice Direction by including legal arguments and lacking double-spacing.