2 total
Motion for leave to appeal dismissed with costs fixed at $5,000.
The moving party brought a motion for leave to appeal an order dated September 19, 2022.
The Divisional Court dismissed the motion for leave to appeal and awarded costs of $5,000 to the responding party.
Stay of temporary relocation order partially granted; child to remain in original jurisdiction but attend new school virtually.
The moving party mother sought a stay of a temporary order requiring her to return the child to the Guelph/Cambridge area pending her motion for leave to appeal.
The mother had relocated the child to Chatham without providing the required statutory notice to the father.
The court considered the test for a stay, focusing on the best interests of the child and the short timeframe before the leave motion would be heard.
The court ordered that the child continue to reside in the Guelph/Cambridge area but attend her new Chatham school virtually until the leave motion is decided.
