Darlene Madott

The court considered written submissions from the parties regarding costs following an appeal.

The court decided to vary its previous reasons to provide that the appellant is entitled to one third of the costs of the appeal, rather than full costs.

The appellant appealed an order of the motions judge, arguing that the judge erred in abridging the time for service of motion materials and refusing a brief adjournment.

The Court of Appeal agreed, noting that voluminous materials were served less than 24 hours before the hearing and the appellant's counsel had another commitment.

The Court also found no urgency requiring a final determination on that date.

The appeal was allowed, the motions judge's order was set aside, and the matter was remitted for a rehearing.

The appellant mother sought a stay of an order requiring her to return her two children to Trinidad and Tobago.

The mother had brought the children to Canada and applied for refugee status.

The respondent father obtained an ex parte custody order in Trinidad and subsequently brought an urgent motion in Ontario for the children's return.

The motion judge heard the matter in the absence of the mother's counsel, who had requested a short adjournment after receiving voluminous materials late.

The Court of Appeal granted the stay pending appeal, finding that the mother was denied procedural fairness and the right to be heard, which undermined the rules of natural justice.