Maria Joachim

The decision addresses a temporary motion by the mother to relocate the parties’ two children from Toronto to Winnipeg.

The court found that the mother established a material change in circumstances, including a new job in Winnipeg, better housing, and family support.

The court considered the best interests of the children under the Divorce Act and relevant case law, ultimately granting the mother’s request to relocate with the children on a temporary basis, with detailed provisions for the father’s parenting time and travel arrangements.

The applicant mother brought a short motion to relocate with the parties' two children from Toronto to Winnipeg.

The respondent father sought an adjournment to a long motion to allow for cross-examination on the affidavits, citing credibility issues regarding parenting time and the mother's failure to comply with a prior scheduling order.

The court granted the adjournment, finding that procedural fairness required cross-examination given the permanent implications of relocation.

Despite being successful, the father was denied costs because his affidavit failed to comply with the Consolidated Provincial Practice Direction by including legal arguments and lacking double-spacing.

This is a costs endorsement following a motion where the applicant (father) sought to increase his parenting time, but the court reduced it due to parenting concerns.

The respondent (mother) was the successful party and sought $8,000 in costs.

The court fixed costs at $5,000, payable in installments, emphasizing the father's unreasonable position on parenting time and the need to deter costly litigation.