The appellant mother previously succeeded in an appeal permitting her to move from Ottawa to Oakville with her daughter and granting her sole legal custody.
The respondent father subsequently requested the court amend the judgment regarding custody, arguing it had not been contested.
The Court of Appeal affirmed its previous order granting sole custody to the mother, finding that joint custody requires a high degree of cooperation which was not present on the record.
The court also awarded costs to the appellant, fixed at $20,000 plus disbursements, taking into account the additional access costs the respondent would incur due to the move.