John Winter

Following a successful motion granting the mother primary residence of a child for school purposes, the court determined the issue of costs under Rule 24 of the Family Law Rules.

The court confirmed that costs presumptively follow the event and considered factors including the parties’ relative success, conduct, and economic circumstances.

The father had acted unreasonably by attempting to register the child in his school district without a court order or the mother’s consent.

Although the mother sought $2,000 in costs, the court reduced the amount due to the father’s limited financial means while receiving disability benefits.

Costs of $1,000 were awarded payable in monthly installments.

The Children's Aid Society brought a motion for summary judgment seeking an order for Crown wardship without access for two children.

The mother opposed the motion, seeking the return of the children to her care.

The court found that the mother had a long-standing history of substance abuse, involvement in domestic violence, and instability, and had failed to demonstrate an ability to meet the high special needs of the children.

The court concluded there was no genuine issue for trial, as the statutory timelines for temporary care had expired and a return to the mother was not a viable option.

The motion was granted, and the children were made Crown wards without access for the purposes of adoption.