S. Zaslavsky

The Respondent brought an urgent motion seeking to prevent the Applicant from relocating their child, A.L.R., from Thornhill to Barrie.

The court found that the Respondent failed to comply with the notice and objection requirements under sections 16.9 and 16.91 of the Divorce Act, thereby authorizing the relocation by statute.

Despite this, the court also considered the best interests of the child under section 16.92 of the Divorce Act, noting the Applicant's reasons for the move (husband's job relocation), the modest impact on parenting time, the child primarily residing with the Applicant, and the Applicant's compliance with notice provisions.

The Respondent's motion was dismissed, and the Applicant was permitted to relocate the child.

The applicant brought a motion seeking to find the respondent in contempt of two previous court orders regarding the preservation of business assets and the transfer of $160,000.

The court found that while the respondent breached the orders, he could not be found in contempt because one order was for the payment of money, and the other breaches were not deliberate due to COVID-19 business closures.

However, under Rule 1(8) of the Family Law Rules, the court ordered the respondent to transfer the $160,000 into trust within 30 days, failing which his answer would be struck.

The court also granted the applicant's request for third-party banking records.