Jonathane Ricci

The respondent's dog bit four people, prompting the appellant medical health officer to issue an order requiring the dog to be euthanized.

After breaching an interim consent order that allowed him to keep the dog pending appeal, the respondent's appeal was dismissed and he was ordered to surrender the dog.

Instead, he sent the dog to the United States.

The appellant brought a motion for contempt, which the motion judge dismissed on the technicality that the respondent was asked to surrender the dog to the SPCA rather than the Humane Society as specified in the order.

The Court of Appeal allowed the appeal, finding it had jurisdiction because the dismissal of the contempt motion was a final order.

The Court held the motion judge erred by adopting a formalistic approach, as the respondent clearly breached the spirit and intent of the euthanasia order.

This is a costs decision arising from a motion brought by the respondent mother seeking a temporary order preventing the applicant father from traveling outside Canada with their five-year-old child.

The motion was dismissed after an oral hearing.

The father sought full recovery costs of $6,655, while the mother requested no costs be awarded.

The court found the father was the successful party and awarded costs, but slightly discounted the award due to the father's contribution to the poor family dynamic.

The mother acted unreasonably by surreptitiously recording a conversation with the father and misrepresenting the contents of the audiotape to obtain an adjournment that would have cancelled the planned trip.