The respondent father brought an urgent motion seeking to return his three-year-old son to Brampton after the applicant mother relocated to Scarborough for subsidized housing.
The mother had been living in a shelter and accepted the housing offer due to limited options.
The court dismissed the father's motion, finding it was not urgent and that the mother's relocation was a reasonable, child-focused decision given her dire housing circumstances.
The court emphasized the importance of problem-solving and settlement efforts before litigation, especially before a Case Conference.
Costs were awarded against the father for unreasonable litigation conduct and lack of candour in his materials.
