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Successful father on choice of school motion awarded $3,000 in costs after considering reasonableness and proportionality.
The applicant father was successful on an urgent motion regarding the choice of school for the parties' daughter.
He sought full recovery costs of $9,519.12, while the respondent mother argued for minimal or no costs, submitting a bill of costs for $4,265.75.
The court found the father was the successful party and entitled to costs, but noted the mother's position was reasonable and she had made a formal offer to settle.
Considering the single issue, the time spent, and the principles of reasonableness and proportionality, the court awarded the father costs of $3,000 inclusive of HST.
Court orders child to attend homogeneous French school over French Immersion to maintain status quo.
The parties brought an urgent motion to determine the choice of school for their 12-year-old daughter entering Grade 7.
The moving party mother sought to enroll the child in a French Immersion program, while the responding party father sought enrollment in a homogeneous French school.
The child had attended a homogeneous French school for the past five years.
Applying the best interests of the child test under the Children's Law Reform Act, the court considered factors including the benefits of French-only education, the child's academic success in her previous French school, and the importance of maintaining the status quo.
The court ordered that the child attend the homogeneous French school.
