S. Benmor

The applicant, who had been declared a vexatious litigant after her claim for spousal support was dismissed, sought leave under s. 140(3) of the Courts of Justice Act to appeal the trial judgment.

The court applied the conjunctive test under s. 140(4), which requires the applicant to show that the proposed proceeding is not an abuse of process and that there are reasonable grounds for it.

While the court found the proposed appeal was not an abuse of process, it concluded the applicant failed to show reasonable grounds, as she was attempting to re-litigate factual findings and introduce fresh evidence that did not meet the Palmer test.

The motion for leave was dismissed with costs awarded to the respondent.

The moving party father brought an urgent motion seeking the return of the parties' 20-month-old child from Calgary to London, Ontario, and interim custody.

The responding party mother had moved to Calgary with the child following an incident that led to criminal charges against the father and bail conditions prohibiting contact.

The court found that a status quo had been established with the mother in Calgary over the past six months.

Applying the best interests of the child test and considering the reluctance to upset the status quo on an interim basis, the court dismissed the father's motion and ordered that the child remain in the interim care and custody of the mother in Calgary.