M. Morningstar

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 parents in an active child protection proceeding brought a motion to vary a temporary supervision order to permit the mother and children to relocate to Alberta to reside with the father, or alternatively, to transfer the proceeding to an Alberta court.

The father had moved to Alberta for employment after being charged with serious sexual offences involving a former foster child, which had prompted the initial supervision order requiring him to be supervised around the children.

The court dismissed the motion, finding that the father's voluntary move did not constitute a compelling change in circumstances justifying relocation prior to trial, and that the parents failed to provide evidence that the Alberta child welfare agency had been served or consented to a transfer.

The Respondent brought a motion for summary judgment to enforce an alleged settlement agreement reached during a settlement meeting.

The Applicant, who was self-represented at the meeting, denied a binding agreement was formed, asserting discussions were for settlement purposes only.

The court dismissed the Respondent's motion, finding no binding agreement due to a lack of consensus on essential terms, vagueness regarding equalization and spousal support, and the Applicant's lack of independent legal advice, which prevented informed consent.