Julia Tremaine

Following a motion where the court assumed jurisdiction over custody and access matters but refused to stay the access provisions of a German court order, both parties sought costs.

The mother sought full indemnity costs of $13,000 based on an offer to settle, while the father sought substantial indemnity costs of $16,699.

The court found the mother was primarily successful on the central issue of jurisdiction, but her non-severable offer to settle was not as favourable as the final order because she did not obtain the requested adjournment of the father's enforcement motion.

Considering divided success, the father's failure to make an offer, and the mother's need to amend her pleadings, the court awarded the mother partial recovery costs of $4,000.

The applicant mother sought an order granting the Ontario Court of Justice jurisdiction to decide matters of custody, access, and child support regarding their four-year-old son, and requested a stay of the access provisions of a German court order.

The respondent father sought a declaration that the Ontario court lacked jurisdiction and that the German court was the appropriate forum.

The court determined that Ontario had jurisdiction because the child was habitually resident in Ontario pursuant to a consent order from the German court.

The court recognized the German order as valid and enforceable in Ontario but granted the mother leave to amend her application to seek supersession of the order based on material change in circumstances.