Christopher G. Severn

Following a successful motion granting leave to appeal and a stay of a prior order, the court addressed costs between the parties.

The applicant sought full recovery costs after being entirely successful, while the respondent argued that costs should be limited to partial indemnity.

Applying rule 24(1) of the Family Law Rules and principles of fairness, reasonableness, and proportionality, the court held that the successful party was entitled to costs but not on a full recovery basis.

The court noted the applicant had relocated the children without notice to the respondent, which weighed against the highest level of costs.

Costs were fixed on a partial indemnity basis.

The Applicant Mother sought leave to appeal an interim order that required her to return the children to Haliburton County and established a week-about shared custody regime.

She also sought a stay of the order pending appeal.

The court granted leave to appeal, finding good reason to doubt the correctness of the motion judge's order, which drastically changed the status quo without adequately considering the mother's financial situation, lack of accommodation, and allegations of abuse.

The court also granted a stay pending appeal, finding the mother would suffer irreparable financial harm and the balance of convenience favoured allowing the children to remain in Barrie pending the appeal.