Shawn Richard

The applicant mother brought a motion to change a final parenting order to permit her to relocate with the parties' two children from Toronto to Niagara-on-the-Lake, and to grant her sole decision-making and primary residence.

The respondent father opposed the relocation and sought primary residence if the mother moved.

The court found the proposed move constituted a 'relocation' under the amended Divorce Act and would significantly impact the children's relationship with the father.

Applying the best interests of the child test, the court denied the relocation, finding the move was primarily for the benefit of the mother's new husband and would negatively impact the children's strong relationship with their father and grandparents.

However, finding a material change in circumstances due to the parties' inability to co-parent, the court terminated joint decision-making, allocating medical/dental/mental health decisions to the mother and education/extra-curricular decisions to the father, and eliminated mid-week overnight swaps.

Victor Peters, as Estate Trustee for Martin Peters and in his personal capacity, brought a motion for security for costs against Jacques Fiorentino, Estate Trustee for Rita Peters.

The motion was based on the applicant's non-residence in Ontario.

The applicant argued that the matter was an enforcement proceeding of an existing judgment and that security for costs was inappropriate.

The court dismissed the respondent's motion for security for costs, finding that it would not be just to require the applicant to pay security given the complex legal issues, the nature of the enforcement action, and the collateral attack argument against the judgment.