Justice M. O’Bonsawin

The applicant father brought an urgent motion seeking the return of his two children from Nova Scotia to Ontario and joint custody.

The respondent mother had unilaterally moved with the children to Nova Scotia following a physical separation.

The court determined that the children's habitual residence was in Nova Scotia, where they were born, had extended family, and had previously received support services.

The court declined to exercise jurisdiction, finding that the Nova Scotia court, which had already granted an interim ex parte order, was the appropriate forum.

The applicant father brought an urgent motion for temporary custody of the parties' child due to concerns regarding the respondent mother's alcohol abuse.

The mother had recently left an alcohol rehabilitation program prior to completion and withheld the child from the father.

The court determined the applicant's paternity on consent and granted him full-time interim custody, finding it in the child's best interests given the mother's unresolved substance abuse issues.

The respondent father brought an urgent motion for an interim 50/50 parenting schedule and to compel the applicant mother to return with the child to Ottawa.

The applicant mother brought a cross-motion to adjourn the parenting issue pending a family counsellor's recommendations, to remain in Burnstown, and for child support.

The court adjourned the parenting schedule issue to obtain the counsellor's views but ordered interim videoconference access for the respondent.

The court permitted the applicant to remain in Burnstown due to her high-risk pregnancy and the respondent's prior consent, ordered the child to attend school virtually, and ordered the respondent to pay child support and disclose employment and mental health records.

The applicant father brought an urgent motion to oppose the respondent mother's relocation with their children from Ottawa to Kingston.

The respondent brought a cross-motion to remain in Kingston.

The court applied the framework for mobility rights and considered the best interests of the children.

Finding that the applicant had previously consented to the move via text message and that the respondent had established a new home and employment in Kingston, the court permitted the respondent to remain in Kingston on a temporary basis and ordered a specified access schedule for the applicant.

The applicant subcontractor sought an order requiring the respondent general contractor to arbitrate a delay claim separately from the general contractor's delay claim against the owner.

The court dismissed the application, finding that the subcontract explicitly required disputes relating to the owner to be consolidated and disposed of in the same proceedings.

The court also found that the general contractor had used 'best efforts' to advance the global delay claim against the owner in accordance with the prime contract.

The plaintiff in a slip and fall action brought a motion to compel the attendance of a specific store manager for examination for discovery on behalf of the corporate defendants.

The defendants refused to produce the manager, providing medical evidence that she was suffering from terminal cancer and was medically unfit to attend.

The court dismissed the motion, finding that the defendants met the heavy onus required to excuse a selected corporate representative from discovery on medical grounds.

Costs were awarded to the defendants.

Dentons Canada LLP brought a motion to be removed as counsel of record for the applicants, citing a conflict of interest and a breakdown in the solicitor-client relationship.

The applicants opposed the motion, arguing they had paid a flat fee to bring the matter to a final resolution and still wanted Dentons to represent them.

The court dismissed the motion, finding that the applicants would be substantially prejudiced by the removal due to the complexity of the file, the impending hearing date, and the significant costs of retaining new counsel.

The court also found no actual conflict of interest or loss of confidence.