How have the courts treated costs in a mobility case?

Ontario, Canada


The following excerpt is from Bourke v. Davis, 2021 ONSC 1163 (CanLII):

The applicant also referred to the costs decision in Van Rassel v. Van Rassel, 2008 CarswellOnt 7309 (S.C.J.). in which Mossip, J. made reference to the following passage at the outset of her trial decision: There is no other area of family law litigation in which the idea of "winner" and "loser" is less applicable than that of mobility cases. It is also true, that even with the very best parents, it is the area where "win-win" solutions can rarely, if ever, be fashioned. Parents involved in a mobility dispute often have to resort to the courts, because even with the best of intentions, and with both parties doing their best to put their child's interest before their own, they cannot find a solution to the desire of one parent to move with the child, and the other parent vehemently resisting that move.

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