The respondent sought costs following his successful cross-motion to have the parties' children returned to their habitual residence after the applicant unilaterally relocated them to Windsor. The applicant opposed the costs request, citing her lack of financial resources. The court found that the applicant had acted unreasonably and in bad faith by resorting to self-help and repeatedly withholding the children. Emphasizing that impecuniosity does not confer immunity from adverse cost awards, the court ordered the applicant to pay $3,400 in costs, to be satisfied by a deduction from her share of the net equity in the matrimonial home.
COURT FILE NO.: F640/19-01
DATE: 20201013
Ontario Superior Court of Justice, Family Court (London)
Applicant: Tanisha Lorraine Stephens-Hinds
Respondent: Nicholas Vaughn Anthony Hinds
THIS REQUEST FOR COSTS HAVING BEEN HEARD IN WRITING, PURSUANT TO THE COURT’S ENDORSEMENT DATED SEPTEMBER 21, 2020.
DATE: October 13, 2020
APPEARANCES:
Frank Philcox, for the Applicant
Salim J. Khot, for the Respondent
[1] This endorsement deals with
