Holden Stanley Agnew-Pople

The applicant father brought a motion seeking an order for the child's residence to be returned to Petawawa, Ontario, and for disclosure of Family and Children’s Services records.

The respondent mother opposed, having unilaterally relocated the child to Grafton, Ontario, citing safety concerns and alleged abuse by the father.

The court found the respondent failed to provide proper notice of relocation as required by the Divorce Act and that her allegations of abuse were not sufficiently corroborated to excuse this requirement.

Applying the best interests of the child framework under the Divorce Act and principles from Plumley v. Plumley, the court ordered the child's residence to be returned to Petawawa, emphasizing the importance of maintaining the child's accustomed routine and relationship with both parents.

Disclosure of FCSRC records was also ordered.

The moving parties sought summary judgment to validate Joan Cavanagh's 2014 will and dismiss Carolynn Sutherland's objection, which alleged the will was invalid due to a material mistake of fact regarding a $65,000 payment.

The court found no genuine issue for trial, concluding that the testator was not mistaken about the payment, which was consideration for relinquishing an interest in a cottage, not repayment of a loan.

The motion for summary judgment was granted, validating the 2014 and 2011 wills and dismissing the objection.

The applicant sought an order declaring entitlement to a $20,000 deposit held in trust by Royal LePage Your Community Realty following a failed real estate transaction.

The purchasers defaulted on the Agreement of Purchase and Sale.

The court applied established principles regarding deposit forfeiture in real estate transactions, finding that the vendor is entitled to the deposit without proving actual damages when the purchaser defaults.

The vendor's damages exceeded the deposit amount.

The court ordered the deposit to be paid to the vendor.