Peter A. Douglas

The appellant mother appealed an order striking her pleadings and granting final sole custody of the parties' two young children to the respondent father.

The motion judge had struck the mother's pleadings due to her repeated failure to comply with interim orders requiring her to return the children from Quebec to Ontario.

The Court of Appeal allowed the appeal, finding that while the motion judge had the power to strike the pleadings, it was a material error to make a final custody order without sufficient evidence to determine the best interests of the children under section 24 of the Children's Law Reform Act.

The matter was remitted for an expedited determination of custody and access.

The appellant husband appealed the trial judge's equalization assessment and award of pre-judgment interest.

The Court of Appeal found no basis to interfere with the trial judge's factual findings, noting the trial judge's adverse credibility findings against the appellant.

The appeal was dismissed, and the cross-appeal was dismissed as abandoned.

Costs of the appeal were awarded to the respondent wife in the amount of $6,500 on a partial indemnity basis.