M. McCarthy

The respondent mother brought a motion seeking an order under subrule 4(7) of the Family Law Rules to authorize independent legal representation for the parties' two children.

The applicant father opposed the motion, arguing it was unnecessary and would delay the upcoming trial.

The court dismissed the motion, finding that the children's views and preferences would be adequately ascertained through existing assessments and that adding another layer of professional intervention was not in their best interests.

The mother brought a motion for a stay of a term of an interim parenting arbitration award that eliminated the requirement for the father to undergo portable breathalyzer testing four times per day during his parenting time.

The mother sought the stay pending her motion for leave to appeal the award.

The court applied the RJR MacDonald test, emphasizing that in parenting cases, the best interests of the children are paramount.

The court found no serious issue of law, no irreparable harm, and that the balance of convenience did not favour a stay, as the arbitrator had found no evidence of alcohol abuse during the father's parenting time.

The motion for a stay was dismissed.

The applicant father brought a motion for summary judgment seeking sole custody of his three children and an order forcing them into a reunification program (Family Bridges) with a 90-day no-contact period with the respondent mother.

The mother brought a cross-motion for summary judgment seeking sole custody and access at the children's discretion.

The court found no genuine issue for trial, concluding that the children's refusal to see their father was a justified estrangement resulting from his past violence, rather than parental alienation by the mother.

The court respected the strong and consistent views and preferences of the children, dismissed the father's motion, and granted the mother's motion for sole custody with access at the children's discretion.