Frank Philcox

The applicant brought a motion seeking an order compelling the respondent to consent to a religious divorce (talaq) and an order striking his pleadings under s. 21.1 of the Divorce Act for failing to remove barriers to her religious remarriage.

The court found that the respondent did not have genuine religious or conscientious grounds for refusing to consent, as his refusal was motivated by anger over the civil proceedings.

While the court held it lacked the authority to compel the respondent to perform the religious act of granting a talaq, it ordered that his pleadings and affidavits would be struck if he failed to remove the barriers within 60 days of the civil divorce order.

The respondent sought costs following his successful cross-motion to have the parties' children returned to their habitual residence after the applicant unilaterally relocated them to Windsor.

The applicant opposed the costs request, citing her lack of financial resources.

The court found that the applicant had acted unreasonably and in bad faith by resorting to self-help and repeatedly withholding the children.

Emphasizing that impecuniosity does not confer immunity from adverse cost awards, the court ordered the applicant to pay $3,400 in costs, to be satisfied by a deduction from her share of the net equity in the matrimonial home.

The mother brought an urgent interim motion seeking sole custody and permission to relocate the parties' two young children from London to Windsor.

The father brought a cross-motion seeking an order that the children's primary residence remain in London with him.

The mother had unilaterally removed the children from their school and home in London following an altercation that resulted in criminal charges against her.

The court applied the best interests of the child test and mobility principles, finding that the mother's unilateral relocation was not necessary and created an inappropriate 'fait accompli'.

The court dismissed the mother's motion and granted the father's cross-motion, ordering the children to reside primarily with the father in London and attend their previous school, with the mother having alternate weekend parenting time.