Karen Hogan

Following an order returning the parties' children to England under the Hague Convention, the successful applicant father sought costs of $32,000.

The respondent mother argued each party should bear their own costs.

The court found the father was presumptively entitled to costs and acted reasonably, while noting the mother breached the parties' agreement by retaining the children in Canada.

The court awarded the father costs of $21,920.93, inclusive of legal fees, disbursements, and travel expenses.

The applicant father sought the return of his two children to England under the Hague Convention.

The mother had moved to Canada with the children under a temporary relocation agreement but later refused to return them.

The court found that the children were habitually resident in England, the father had custody rights which he was exercising, and he did not consent or acquiesce to their permanent relocation.

The court rejected the mother's defences under Articles 12 and 13 of the Hague Convention, finding no grave risk of harm.

The application was granted and the children were ordered returned to England.

The applicant husband brought a motion to change a final order for spousal support, seeking to terminate his support obligations following his early retirement due to post-traumatic stress disorder (PTSD).

The court found that the applicant's medical condition constituted a material change in circumstances.

However, the court determined that both parties were intentionally underemployed—the applicant by choosing to work at an unremunerated vineyard and winery, and the respondent by failing to maximize her income from her virtual assistant business.

The court imputed income to both parties and ordered that spousal support be reduced to $900 per month indefinitely, rather than terminated.