A. Hudie

This Ontario Court of Justice decision addresses a complex parenting dispute involving the primary residence and decision-making responsibility for a young child following the death of the mother.

The maternal aunt and uncle seek primary residence and relocation of the child to The Netherlands, while the biological father seeks sole decision-making authority and primary residence in Canada.

The Court carefully weighs the best interests of the child under the Children’s Law Reform Act, considering factors such as the child’s needs, family violence, cultural background, and the impact of relocation.

The Court finds the aunt and uncle to be the primary caregivers and grants them primary residence and sole decision-making responsibility, permitting relocation to The Netherlands with structured parenting time for the father, including supervised virtual contact and unsupervised visits in Canada and The Netherlands.

The decision also addresses concerns about potential unlawful removal of the child to Iran, ordering security measures to protect the child’s safety.

The defendant, IBM Canada Ltd., brought a motion to strike certain pleadings from the plaintiff's Second Amended Statement of Claim.

The impugned pleadings alleged systemic age discrimination by IBM U.S. and referenced employment circumstances of IBM U.S. employees, which the plaintiff claimed were connected to his wrongful dismissal and age discrimination by IBM Canada.

The court dismissed IBM Canada's motion, finding the pleadings relevant to the claims of systemic discrimination and punitive damages, particularly given the alleged operational connection between IBM U.S. and IBM Canada regarding the plaintiff's employment decisions.

The dismissal was conditional on the plaintiff making proposed amendments to narrow the scope of the allegations.