R. Angell

Following a trial where the respondent mother was awarded sole custody and permission to relocate with the child, the court determined the issue of costs.

The respondent sought full indemnity costs of $34,689.74.

The court considered the applicant's limited ability to pay, the unreasonableness of some of his actions, and the excessive hours billed by the respondent's counsel.

The court awarded the respondent costs of $18,500 plus HST and disbursements, but declined to make the costs enforceable as child support.

The applicant father brought an urgent motion for the return of his seven-year-old son after the respondent mother left the family home with the child and withheld him from school.

The mother sought interim custody, alleging verbal and emotional abuse, while the father sought a shared parenting arrangement.

The court found no evidence that either parent lacked the ability to act as a parent or that the child did not have strong ties to both.

Applying the best interests of the child factors under section 24(2) of the Children's Law Reform Act, the court ordered the child to be returned to school and implemented a temporary shared parenting schedule where each parent has care of the child for five nights.