Madam Justice R. S. Jain

The applicant children's aid society sought costs of $10,094.86 following its successful defence of a motion brought by the respondent parents in a child protection proceeding.

The parents argued that no costs should be awarded against them to avoid deterring parents from defending against state intervention.

The court found this to be a rare and exceptional circumstance warranting a costs award against the parents, as they had brought an ill-conceived motion with no reasonable prospect of success following their own breach of a court order.

The court ordered the parents to pay costs of $2,500.

The respondent father brought an urgent motion to prevent the applicant mother from moving with their two children from Orillia to Midland, arguing it was a relocation under the Children's Law Reform Act.

The applicant brought a cross-motion to permit the move, characterizing it as a mere change of residence that would not significantly impact the respondent's parenting time.

The court found that the move was a change of residence, not a relocation, as it only added 12 minutes to the respondent's drive and did not require altering the long-standing weekend parenting schedule.

The respondent's motion was dismissed, and the applicant was permitted to move with the children.

The Society brought a motion for summary judgment seeking an order placing a three-year-old child in extended Society care for the purpose of adoption, with no access to the father and limited access to the mother.

The child had suffered serious, unexplained injuries as an infant while in the parents' care, including a fractured clavicle, broken rib, and subdural hematomas.

The court applied the unexplained injury principle and found no genuine issue requiring a trial, as the parents failed to provide a consistent or medically plausible explanation for the injuries.

The court granted the summary judgment, placing the child in extended care with access to the mother limited to letters and pictures, and no access to the father.