Guy Hunter

The father brought a motion for the return of his two children from British Columbia to Ontario after the mother relocated them without his consent or a court order, in breach of a prior final order.

The mother sought retroactive authorization for the temporary relocation.

The court found that the mother failed to meet her burden of proving the move was in the children's best interests, noting her repeated breaches of court orders, failure to provide statutory notice, and evidence suggesting she was actively interfering with the children's relationship with their father.

The court ordered the children to be returned to Ontario by the end of the school year and directed the parties to immediately commence reunification therapy.

At a case conference, the applicant mother sought an order for the partition and sale of the jointly owned matrimonial home.

The respondent father opposed the sale, wishing to purchase the applicant's interest, and raised claims for retroactive support and equalization.

The court found it had jurisdiction to order the sale at a case conference under the Family Law Rules.

Applying the test from Marchese, the court held the applicant had a prima facie right to the sale, and the respondent failed to demonstrate any malicious, vexatious, or oppressive conduct to defeat that right.

The court ordered the sale, with a brief window for the respondent to negotiate a buyout.