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.