C. Stankiewicz

Following a Hague Convention application in which the court ordered the return of two children to Germany after finding the mother had wrongfully retained them in Ontario, the court determined the issue of costs.

The father sought over $67,000 on a partial indemnity basis, while the mother argued that each party should bear their own costs or that any award should be substantially reduced.

Applying Rule 24 of the Family Law Rules and Article 26 of the Hague Convention, the court found the father was the successful party but reduced the claimed costs due to excessive billing, duplication of work, inclusion of unrelated steps, and some unreasonable conduct by the father during the proceedings.

The court also considered the mother’s success on a motion involving the Office of the Children’s Lawyer and her financial circumstances.

A global costs award was made reflecting a fair and reasonable amount in the circumstances.

The applicant father brought an application under the Hague Convention for the return of his two children to Germany.

The children had travelled to Canada with the respondent mother for an educational exchange with the father's consent, which expired in August 2014.

The mother refused to return the children, arguing they were habitually resident in Canada and objected to returning.

The court found the children's habitual residence remained Germany and their retention in Canada was wrongful.

The court rejected the mother's defences under Articles 12 and 13, finding the children's objections were not substantial enough to override the Convention's purpose.

The children were ordered returned to Germany.