Jennifer Reynolds

The respondent father brought a motion to change the parenting arrangement, which was largely dismissed.

The applicant mother sought costs of $25,000.

The court found the mother was the successful party and that the father's conduct in bringing the motion without proper evidence and ignoring a previous order was unreasonable.

The court awarded the mother $20,000 in costs on a partial indemnity basis, balancing the father's unreasonable conduct against his limited financial resources.

Mr. Debassige, a member of the M’Chigeeng First Nation, sought to vary a parenting schedule to increase the children's connection to their First Nation's heritage, including changing their primary residence to Ottawa, having them attend school in Ottawa, and specific time for Indigenous events.

Ms. Wakeling opposed these claims, arguing there was no material change in circumstances and that she supported the children's heritage.

Ms. Wakeling also sought an order preventing Mr. Debassige from bringing further variation motions without leave.

The court found no material change warranting a change in primary residence or school attendance.

However, it did find a material change regarding the ongoing conflict over Aboriginal Day and powwow schedules, which warranted a variation to provide clarity.

The court varied the schedule to include specific provisions for these events and dental appointments, emphasizing the children's best interests and connection to their heritage.

Ms. Wakeling's request to prevent Mr. Debassige from bringing further motions was dismissed.

The parties, who separated in 2013, sought sole custody of their two children following a breakdown in their shared parenting arrangement.

The trial focused heavily on the parents' inability to communicate and their divergent approaches to their nine-year-old child's gender non-conformity.

The mother supported the child's social transition, while the father believed the gender non-conformity was manufactured by the mother.

The court found the parents' extreme lack of trust and conflict compromised their parenting abilities and precluded joint custody.

Sole decision-making and primary residence were awarded to the mother, with the father receiving alternating weekend access.

The court specifically ordered that decisions regarding the child's gender non-conformity must follow the recommendations of the CHEO Gender Diversity Clinic.