J.E.H. v. J.A.B.

J.E.H. v. J.A.B.

The relocation application was denied and the claimant awarded costs payable in any event of the cause because the respondent created the urgency, failed to provide objective evidence and required material as previously ordered, and the application had little chance of success; therefore the court applied the usual...

Source-derived case information.

Citation
2016 BCSC 2190
Parties
Claimant: J.E.H.; Respondent: J.A.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 November 2016
Procedural Posture
Family Law Relocation/custody / Interim Application (interlocutory)
Outcome
Respondent's relocation application denied; claimant awarded costs payable in any event of the cause.
Legal Topics
Relocation Application, Parenting Time, Costs, Interim/interlocutory Application
Source Language
english
Family Law Child Custody Relocation Civil Procedure Costs Relocation Application Parenting Time Costs Interim/interlocutory Application

Source-derived case record

Summary, issues, holding and outcome

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Parties

J.E.H.

Claimant

J.A.B.

Respondent

Procedural Posture

Family Law Relocation/custody / Interim Application (interlocutory)

Legal Issues

  1. 1 Whether the respondent's relocation application to Fort St. John should be granted
  2. 2 Whether the claimant is entitled to costs for defending the interlocutory relocation application
  3. 3 Whether the court should depart from the usual rule awarding costs to the successful party in custody/relocation matters

Ratio Decidendi

The relocation application was denied and the claimant awarded costs payable in any event of the cause because the respondent created the urgency, failed to provide objective evidence and required material as previously ordered, and the application had little chance of success; therefore the court applied the usual rule that costs follow the event rather than departing from it in this custody/relocation matter.

Court Disposition

Respondent's relocation application denied; claimant awarded costs payable in any event of the cause.

Orders

  • Respondent's application to relocate to Fort St. John is dismissed.
  • Respondent must pay the claimant's costs of the application in any event of the cause.