2 total
The court granted the mother interim primary residence but denied her unilateral relocation of the children.
The applicant sought interim custody of the children and permission to relocate their ordinary residence from Guelph to Ottawa.
The respondent opposed the relocation and sought joint custody with primary residence in Guelph.
The court granted interim primary residence to the applicant but denied the relocation, finding it not in the children's best interests.
The judge noted the applicant's "self-help" move to Ottawa without notice and the negative impact on the children's relationship with the respondent.
The order stipulated that if the applicant failed to return to Guelph, the children's primary residence would shift to the respondent.
Action dismissed for delay due to inordinate delay and actual prejudice from death and dementia of defendants.
The defendants brought a motion to dismiss the plaintiff's action for delay.
The plaintiff claimed an interest in a farm property based on an alleged 1990 oral agreement.
The action was commenced in 2007, but the plaintiff took no steps to advance the litigation after discoveries in 2009.
The court found the delay to be inordinate and inexcusable, rejecting the plaintiff's uncorroborated claims of illness.
The court also found actual prejudice to the defendants, as one defendant had died and the other had developed dementia, making a fair trial impossible.
The motion was granted and the action was dismissed.
