Daniela Legere

The applicant mother sought a temporary order requiring the parties' four-year-old child to attend school in Sturgeon Falls, where she resides, and requested changes to the parenting time regime to accommodate the child's school attendance.

The respondent father opposed the motion and requested that the child attend school in Markstay, located roughly halfway between the parties' residences.

The court granted the mother's motion, finding that attendance at École Publique Jeunesse Active in Sturgeon Falls was in the child's best interests based on the composition of the student body and the excessive travel time that would be required if the child attended school in Markstay.

The court also modified the parenting time schedule and imposed a costs award of $2,000 all-inclusive against the father.

This is a costs endorsement following a motion brought by the respondent mother to strike the applicant father's pleadings for failure to comply with a previous costs order.

The motion was not argued as the applicant paid the outstanding costs.

The court found the respondent to be the successful party despite the motion not being heard, as her objective of enforcing the costs order was achieved.

The court also found the applicant acted in bad faith through duplicity regarding payment, threatening to destroy the child's belongings, and making unfounded attacks on the respondent's counsel.

Consequently, the court awarded the respondent costs on a full recovery basis, fixed at $3,000, and prohibited the applicant from bringing further motions or obtaining relief without leave until the costs are paid.