S. Duraiappah

The applicant sought costs for an ex-parte motion where she obtained Certificates of Pending Litigation on five properties.

The court declined to award costs, finding that the urgency of the ex-parte motion was overstated, the applicant had not requested voluntary preservation prior to moving without notice, and the respondent acted reasonably by consenting to the certificates remaining on title once notified.

The applicant father brought a motion for equal parenting time with the parties' two young children, while the respondent mother sought to restrict his time to alternate weekends.

The mother had previously removed the children to Prince Edward Island without notice and subsequently gatekept the father's parenting time upon their return to Ontario.

The court found that the mother's withholding of the children was not child-focused and that the children needed regular, frequent contact with both parents.

Applying the best interests of the child factors under the Children's Law Reform Act and referencing AFCC guidelines, the court ordered an alternating Week 1 and Week 2 schedule to ensure the children are not away from either parent for more than five days.