R. Wrubel

Following the dismissal of the appellant's appeal, the court received written submissions on costs.

The court noted unprofessional comments made by the appellant's counsel in their submissions.

As the respondent was substantially successful on the appeal, the court awarded the respondent costs fixed at $4,483.11 on a partial indemnity basis pursuant to Rule 24 of the Family Law Rules.

This is an appeal by the father (appellant) and a cross-appeal by the mother (respondent) from a trial decision concerning custody and access.

The trial judge had deleted a clause from a prior order requiring the mother to seek employment in the Waterloo Region and allowed the children to remain with the mother in Lindsay, Ontario.

The father argued the trial judge erred by treating the matter as mobility rather than enforcement of a contempt order and misapprehending evidence regarding the children's best interests.

The mother cross-appealed on costs and child support.

The appellate court dismissed both the appeal and cross-appeal, finding no palpable and overriding error in the trial judge's decision to treat the matter as mobility and to determine the children's best interests based on current circumstances, upholding the mother as the primary caregiver.

The court also found no reason to intervene on the costs and child support issues.