2 total
Urgent motion permitted prior to case conference; Rosen test modernized to account for coercive control.
The applicant brought an urgent motion for various relief, including exclusive possession and sale of the matrimonial home, prior to a case conference.
The court modernized the application of the Rosen test for urgency to account for contemporary realities, including court delays and the dynamics of coercive control and intimate partner violence.
Finding that the applicant faced dire financial circumstances, including imminent mortgage default and utility shut-offs, and recognizing the risks posed by the respondent's alleged coercive conduct, the court concluded the test for urgency was met and set a timetable for the motion.
Interim motion to prohibit child's relocation to Arnprior dismissed as mother was primary caregiver.
The applicant father brought an urgent motion to prohibit the respondent mother from relocating the child's residence from Ottawa to Arnprior, or alternatively for primary residence.
The mother brought a cross-motion to prohibit the father from bringing further urgent motions.
The court applied the Gordon v. Goertz and Plumley v. Plumley factors for interim mobility.
The court found the mother was the primary caregiver, the move was for affordable housing, and the father's parenting time would continue uninterrupted.
The court permitted the move on an interim basis and dismissed both the father's and mother's motions.
