Selim James Levy

The mother brought an urgent motion to determine the children's schooling for the 2020-2021 academic year during the COVID-19 pandemic.

The father sought to have the children continue with virtual learning, while the mother requested they attend a French-language school in person.

The court found no medical reason to keep the children home and determined that in-person learning at a public French-language school was in their best interests, given their academic needs, language proficiency, and the mother's logistical constraints.

Following a successful application under the Hague Convention ordering the return of the parties' child to Brazil, the applicant father sought costs of $13,500.

The respondent mother argued costs should be limited to $3,500.

The court reviewed the factors under Rule 24 of the Family Law Rules, finding the father's legal fees and disbursements, including a Voice of the Child Report, to be largely reasonable.

The court fixed costs payable by the mother to the father at $9,960.18 inclusive of HST and disbursements.

The applicant father sought the return of his 12-year-old child to Brazil under the Hague Convention, alleging wrongful retention by the respondent mother in Ontario.

The mother conceded the retention was wrongful but raised defences under Article 13, arguing a grave risk of harm and that the child objected to returning.

The court found insufficient evidence of a grave risk of physical or psychological harm.

While acknowledging the child was mature and objected to returning, the court concluded the child's reasons were not substantial enough to meet the exceptional circumstances required to override the mandatory return provisions.

The application was granted and the child was ordered returned to Brazil.