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The court awarded significantly reduced costs of $1,500 to the successful respondent father, citing the applicant aunt's good faith and caregiving role.
This costs endorsement followed a decision granting the Respondent Father's motion for summary decision, dismissing the Applicant Maternal Aunt's application for custody, access, and child support due to lack of Ontario jurisdiction.
The Respondent, as the successful party, sought full indemnity costs of $10,041.86.
The Applicant argued her actions were reasonable, in the children's best interests, and cited her inability to pay as she receives social assistance.
The court, applying Rule 24 of the Family Law Rules, found the Applicant's pursuit of the application reasonable given the circumstances (no active Quebec proceedings, children residing in Ontario, Respondent's prior withdrawal from children's lives).
While acknowledging the Respondent's success, the court exercised its discretion to fix costs at a significantly reduced amount of $1,500, inclusive of HST and disbursements, considering the Applicant's good faith, caregiving role, and financial hardship, deeming a full indemnity award overly punitive.
Custody application dismissed for lack of jurisdiction as children were habitually resident in Quebec.
The respondent father brought a motion for summary decision to dismiss the applicant maternal aunt's application for custody and access on the basis that Ontario courts lacked jurisdiction.
The children were habitually resident in Quebec and had been subject to custody orders from the Quebec courts.
Following the death of the mother, the maternal aunt sought custody in Ontario.
The court found that the children had no real and substantial connection to Ontario and that Quebec was the most appropriate forum to determine custody and access.
The motion was granted and the application was dismissed.
