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Successful father awarded $10,000 in costs after mother unreasonably pursued temporary relocation motion.
The applicant father sought costs following his success on two temporary motions, which included successfully opposing the respondent mother's request to relocate the child.
The father claimed $15,102.45 based on offers to settle and the mother's unreasonable conduct.
The mother argued costs should be limited to $3,000, citing her receipt of legal aid and claiming the motions should have been short.
The court rejected the mother's arguments, noting that legal aid is not a shield against costs and that she failed to provide her own bill of costs.
Finding the father was the successful party and that the mother acted unreasonably, the court awarded the father costs of $10,000 all-inclusive.
Temporary relocation denied; father granted primary residence and sole decision-making due to mother's alienating conduct.
The respondent mother brought a motion to temporarily relocate the parties' infant child from Kirkland Lake, Ontario to Rouyn, Québec.
The applicant father brought a cross-motion seeking primary residence, sole decision-making responsibility, and a non-removal order.
The court found that the mother failed to provide a compelling reason for temporary relocation and that her historical frustration of the father's relationship with the child raised concerns.
The court dismissed the mother's relocation request, granted the father primary residence and sole decision-making responsibility on a temporary basis, and ordered both parents to deposit their passports with the court to prevent the child's removal from the jurisdiction.
