Vivian Li Merklinger

The applicant father sought full recovery costs of over $733,000 following a successful trial where Ontario declined jurisdiction over the parties' child, ordering her return to Dubai.

The respondent mother argued for each party to bear their own costs, citing the binary nature of the jurisdiction issue and her financial limitations.

The court found the mother's post-July 2021 conduct, including evading court orders and hiding the child, constituted bad faith, justifying full recovery costs for enforcement efforts.

While acknowledging the mother's financial means, the court emphasized that such means do not shield a party from cost consequences for unreasonable litigation conduct.

Considering the father's advantageous settlement offers and the complexity of the case, the court awarded the father $250,000 in all-inclusive costs.

The applicant father sought the return of his three-year-old child to Dubai after the respondent mother removed the child to Ontario without his consent.

The mother argued that Ontario should assume jurisdiction under the Children's Law Reform Act, alleging a history of family violence and claiming the child would suffer serious harm if returned.

The court found the mother's evidence lacked credibility and determined that the child's habitual residence was Dubai.

The court declined to assume jurisdiction, finding no risk of serious harm, and ordered the immediate return of the child to Dubai.