Michael Julian Stangarone

This is a costs decision following a successful appeal by the mother in a family law matter involving the Hague Convention and refugee status.

The mother's appeal overturned the application judge's decision to return the child to the country of origin after Canada granted the child refugee status.

The Court of Appeal awarded costs to the mother as the wholly successful party, fixing costs at $50,000 for the application and $30,000 for the appeal, totalling $80,000, while reversing the application judge's award of $75,000 to the father.

The respondent moved to quash the appellant's appeal from a May 21, 2024 trial judgment in family law proceedings.

The trial judge had found the appellant engaged in coercive and controlling behaviour, psychological abuse of the child, failure to honour support obligations, and efforts to alienate the child from the respondent.

The appellant failed to comply with a stay order requiring payment of support arrears within 30 days and continued to breach court orders regarding parenting time and support payments.

The Court of Appeal found this to be one of the clearest cases justifying quashing an appeal, citing the appellant's deliberate and unwavering breach of crystal-clear orders, substantial arrears, and pattern of vexatious and frivolous litigation.

The respondent mother sought to stay the Court of Appeal's order requiring the return of a five-year-old child to the United Kingdom pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, pending her application for leave to appeal to the Supreme Court of Canada.

The father had successfully appealed a Superior Court decision that dismissed his application for the child's return, on the basis that the father had consented to or acquiesced in the child's retention in Canada.

The Court of Appeal found that the application judge erred in conflating consent to relocation with consent to retention.

The motion judge dismissed the mother's stay motion, finding no serious issue to be tried, no irreparable harm, and that the balance of convenience favoured the child's return to the jurisdiction of habitual residence.

A wrongfully retained child was ordered returned to her country of origin after Canada granted her refugee status.

The Court of Appeal for Ontario allowed the appeal, finding that the application judge erred in failing to apply the rebuttable presumption against the return of a refugee child and in dismissing the child's objection to return.

The court held that when a child has been recognized as a Convention refugee by the Immigration and Refugee Board, a rebuttable presumption arises that there is a risk of persecution on return.

The application judge improperly questioned the refugee determination process and reweighed evidence without oral testimony or cross-examination.

Additionally, the child's clear and repeated objection to return, based on fear of violence by the father, was not given proper weight.

The matter was remitted to the Superior Court for determination of parenting and decision-making authority under section 23 of the Children's Law Reform Act.

The respondent father brought a motion seeking a declaratory order that the Ontario Superior Court of Justice has jurisdiction to make parenting orders regarding two children.

The father argued that the children would suffer serious harm if returned to Iran due to the Israel-Iran conflict and other factors.

The applicant mother opposed the motion, arguing that the children's habitual residence is Iran and that Iran has jurisdiction over parenting matters.

The court found that the children would not suffer serious harm if returned to Iran on a balance of probabilities and declined Ontario's jurisdiction, dismissing the father's motion.

This decision addresses a high-conflict family law trial regarding the primary residence of a four-year-old child, S.P., following the separation of her parents, Sanjay Patel and Beejal Yogesh Sesha Patel.

The court considered issues of relocation, parenting time, decision-making responsibility, child and spousal support, and equalization of net family property.

The court found that it was in S.P.'s best interests to continue residing with her mother in London, England, and for the existing parenting schedule to remain in place.

The court also ordered retroactive and ongoing child support, retroactive spousal support, and set out directions for the continuation of the trial on outstanding financial issues.

This costs endorsement addresses the allocation of costs following a family law appeal in which the appellant, Eleanor Dawn Hendriks, was substantially successful.

The Court of Appeal for Ontario awarded her costs for both the appeal and the underlying motion, reversing the motion judge’s previous order that required her to pay costs to the respondent.

The court found that the appellant was the more successful party and that the respondent did not meet the burden to show his settlement offers were more favourable.

The court also found that the appellant, as a self-represented litigant, was not unreasonable in her conduct.

The court granted an application under the Hague Convention for the return of a child wrongfully removed from Michigan to Ontario by her mother.

The judge found that Michigan was the child’s habitual residence immediately prior to removal, rejecting the argument that the child’s ties to her primary caregiver in Ontario were determinative.

The court also found that the mother had not established a grave risk of harm or intolerable situation if the child were returned, and ordered the child’s return to Michigan with undertakings to protect the mother and child’s interests pending further proceedings in Michigan.

This costs award follows the dismissal of a constitutional challenge to provisions of the Family Law Act and Divorce Act.

The court considered the parties' submissions on costs, the novelty and importance of the issues, and the proportionality of the costs sought.

The court declined to order full indemnity costs as requested by the respondent, instead awarding $25,000, finding this amount reasonable and proportionate in the circumstances.

The Court of Appeal for Ontario allowed the appeal of A.A. regarding the return of her child to Bangladesh under the Children’s Law Reform Act (CLRA) while refugee applications were pending.

The court found that the motion judge erred by failing to consider the impact of the outstanding refugee claims, the allegations of domestic violence, and the potential for serious harm to the child if returned.

The decision clarifies that the existence of a refugee claim does not automatically stay CLRA proceedings but is a significant factor in the analysis.

The matter was remitted for a new hearing.

The Court of Appeal for Ontario dismissed the appeal of Dianne Pearl Douglas from a final order in a family law proceeding concerning parental decision-making, parenting time, and child support.

The appellant argued that the motion judge erred in finding a material change in circumstances and in determining that the respondent’s parenting time met the 40% threshold under the Federal Child Support Guidelines.

The Court found no error in the motion judge’s findings or application of the law, upholding the retroactive adjustment to child support and awarding costs to the respondent.

The Court of Appeal for Ontario dismissed the appeal of Terrence Chapman, who sought a 50% share in real estate and corporate assets held with Sandra Ing, his former partner in both business and personal life.

The trial judge found that the parties were not involved in a joint family venture and that Chapman would be unjustly enriched by an equal division, given Ing’s substantial contributions to the value of the property in question.

The Court of Appeal upheld the trial judge’s decision, finding no juristic reason for Chapman’s enrichment under the Ontario Business Corporations Act and confirming the appropriateness of a proprietary remedy in favour of Ing.

The applicant sought an order for the sale of the matrimonial home, an interim disbursement or advance on equalization, preservation and non-depletion orders, and costs.

The court found that only the interim disbursement/advance issue was properly before the court, but issued an order for the sale of the matrimonial home by agreement.

The applicant did not meet the burden for an interim disbursement or advance.

The respondent was awarded partial costs.

This is a panel review of a single judge's order dismissing a motion to stay a return order for an infant child to Bangladesh, pending appeal.

The Court of Appeal majority granted the review, set aside the stay dismissal, and granted a stay of the return order.

The majority found that the single judge erred in principle by giving insufficient weight to the serious issue of the relationship between the Children's Law Reform Act and pending refugee claims, and by misapplying the irreparable harm and balance of convenience tests, particularly regarding the child's best interests and the potential loss of refugee status.

The dissenting judge argued that the majority conducted a de novo review rather than applying deference to the single judge's discretionary order.

The applicant father sought the return of his son to Mexico under the Hague Convention on the Civil Aspects of International Child Abduction, alleging wrongful retention by the respondent mother in Ontario.

The respondent opposed, claiming a grave risk of harm under Article 13(b) due to the applicant's alleged abusive conduct and the inadequacy of the Mexican justice system.

The court found that the Article 13(b) exception did not apply, as the alleged domestic violence was dated and not severe enough to meet the high threshold, and the Mexican legal system was deemed capable of protecting the child and mother.

The father's application was granted, ordering the child's return to Mexico with specified undertakings.

The Applicant sought the return of the children to Singapore pursuant to the Hague Convention, arguing Singapore was their habitual residence.

The Respondent contended the children's habitual residence was Ontario, asserting the move to Singapore was temporary for family support during pregnancy.

The court applied the hybrid approach to habitual residence, considering all circumstances including parental intentions and the children's connections.

The court found that the parties' intention was always to return to Canada, supported by evidence such as storage of belongings and daycare registrations.

The Hague application was dismissed, and the Ontario court was found to have jurisdiction over custody and access, as the children were habitually resident in Canada.

The Court of Appeal heard cross-motions within an appeal concerning a child's return to Bangladesh.

The mother (appellant) sought to stay a lower court order for the child's return, arguing a pending refugee claim should preclude the order, and also requested initials and a publication ban.

The father (respondent) sought security for costs for the appeal.

The court dismissed the mother's stay motion, finding no evidence of merit to the refugee claim or irreparable harm, and that the child's best interests favored return to Bangladesh.

The court granted the mother's request for initials and a limited publication ban.

The father's motion for security for costs was dismissed, as it would impede access to justice.

This is a costs judgment following a 19-day family law trial.

The court addressed outstanding issues of costs and the division of religious holidays.

The applicant mother was found to be substantially successful on all parenting and financial issues, while the respondent father was "unquestionably unsuccessful." The court found the father engaged in pervasive bad faith conduct, including disparaging the mother, interfering with her relationship with the child, misusing her private journals, spreading misinformation about her health, engaging in family violence, and making unfounded allegations against professionals.

Despite the bad faith finding, the court reduced the mother's requested costs for proportionality, awarding $240,000.

The court also ordered a specific division of religious holidays based on the mother's proposal, with minor adjustments to exchange times.

The applicant father sought increased parenting time for their child, proposing a 2-2-3 schedule, following his relocation to Windsor to be closer to the child.

The respondent mother opposed this, seeking less parenting time for the father and a Section 30 assessment under the Children's Law Reform Act, citing concerns about the father's conduct and alleged physical discipline.

The court dismissed the mother's request for a Section 30 assessment, finding it unnecessary, and granted the father's request for a 2-2-3 parenting schedule, emphasizing the child's best interests, including the child's expressed wish for equal time with both parents and the need to reduce parental conflict.