James Marks

The applicant father was successful on interim custody motions and sought costs.

Despite the presumption of costs for the successful party under Rule 24 of the Family Law Rules, the court declined to award costs.

The court noted the significant financial disparity between the parties, as the applicant is a high-earning physician and the respondent is a full-time student financially dependent on him.

Each party was ordered to bear their own costs.

The applicant father and respondent mother separated, and the mother sought to relocate with their two young children to Montreal, Quebec.

The father brought an urgent motion to keep the children in Sault Ste.

Marie, Ontario, and sought interim custody.

The court considered the children's best interests, noting the older child's strong ties to Sault Ste.

Marie and significant child protection concerns regarding the mother's parenting capacity.

The court ordered that the children reside in Sault Ste.

Marie and granted interim custody and exclusive possession of the matrimonial home to the father.