James Splane

This decision addresses a contested motion to change a final parenting order involving allegations of parental non-compliance, child retention, and concerns about family violence.

The court carefully analyzed the material change in circumstances test under the Children’s Law Reform Act and applied the Supreme Court of Canada’s two-stage test from Gordon v. Goertz.

The father’s motion to change was dismissed due to his breaches of the final order, including wrongful retention of the child and failure to pay child support.

The mother’s motion was granted, resulting in supervised parenting time for the father, restrictions on his ability to travel internationally with the child, and an expanded restraining order including a no-contact provision except for urgent child-related matters.

The court emphasized the child’s best interests, prioritizing stability, safety, and the child’s emotional well-being, while providing a structured plan for the father to regain unsupervised parenting time through demonstrated compliance and therapy.

Following the dismissal of the applicant's family law application via a summary judgment motion, the respondent sought partial indemnity costs of $7,500.

The applicant, who had repeatedly delayed proceedings, failed to file responding materials, and ignored previous costs orders, argued she should pay no costs due to financial hardship and health issues.

The court rejected the applicant's arguments, finding her litigation conduct unacceptable and her claims of ignorance of the process not credible.

The court ordered the applicant to pay $6,500 in costs to the respondent, emphasizing the need to sanction inappropriate litigation behavior and achieve proportionality.