2 total
Interim primary residence and sole decision-making awarded to mother; father's unilateral removal of child condemned.
The applicant mother and respondent father brought urgent cross-motions regarding parenting arrangements for their four-year-old daughter.
The child had resided primarily with the mother since separation.
The father unilaterally removed the child from school, prompting the mother to seek an emergency order.
The court found that the father's actions and history of family violence raised serious concerns about his judgment.
The court maintained the status quo, granting the mother interim sole decision-making authority and primary residence, while awarding the father unsupervised parenting time on alternate weekends and mid-week overnights.
The court also strongly condemned the practice of parents video-recording access exchanges.
Court awards reduced partial indemnity costs after deducting time for unrelated Charter applications.
The court determined costs arising from four similar insurance motions brought by separate defendants in related actions.
The plaintiffs sought partial indemnity costs of $36,500.
The court found that a deduction was required because some counsel time related to unargued Charter applications rather than the motions themselves.
Applying the principles from Hunt v. TD Securities Inc., the court declined to award substantial indemnity costs and instead reduced the requested amount by $8,000.
The plaintiffs were awarded $28,500 plus HST, payable equally among the defendants.
