R. Petgrave

The respondent brought an urgent motion regarding the applicant's non-compliance with COVID-19 protocols, resulting in an order that the child primarily reside with the respondent.

Following the motion, both parties made written submissions on costs.

The court found the respondent was the successful party and awarded him costs on a partial indemnity basis, fixed at $5,356.20, after considering the factors under Rule 24(12) of the Family Law Rules.

The children's aid society brought a motion for summary judgment seeking an order to place three children in extended society care with no access to the respondent parents.

The court found no genuine issue for trial regarding the need for protection, citing chronic exposure to domestic violence and conflict in the home.

The children were ordered into extended society care.

The court granted summary judgment denying access to one father who had no relationship with his child.

However, the court found a genuine issue for trial regarding access for the mother and the other father, directing that issue to a focused hearing.