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Ontario court declines jurisdiction over children wrongfully removed from China and orders their return.
The applicant father sought a declaration that the respondent mother wrongfully removed their two children from China to Ontario, and an order for their return.
The mother argued the Ontario court had jurisdiction under s. 22(1)(b) or s. 23 of the Children's Law Reform Act.
The court found that while the children were physically present in Ontario, there was no substantial evidence regarding their best interests in the province, and the balance of convenience did not favour Ontario.
The court also rejected the mother's argument that returning the children to China would cause them serious harm.
The court declared the removal wrongful and ordered the children returned to China.
Motion for further financial disclosure granted to determine true ownership of matrimonial home.
In a family law proceeding, the respondent wife brought a motion to compel further financial disclosure from the applicant husband's sister, who was a named tenant in common on the matrimonial home.
The wife claimed the husband was the true beneficial owner of the sister's 50% interest and sought a constructive and resulting trust.
The court ordered the sister to produce various documents, including a 2014 Notice of Assessment, a mortgage application, a police report regarding stolen cash, proof of loan repayment, joint bank statements, and housing authority renewals, finding them relevant to determining the true source of the funds used to purchase the property.
The wife was awarded costs of $3,500.
Father granted progressive expansion of access to child, transitioning from supervised to unsupervised and overnight visits.
The respondent father brought a motion to progressively expand his access schedule with his two-year-old child to include unsupervised and overnight access.
The applicant mother agreed in principle but requested a slower progression due to concerns about the father's past substance misuse and missed visits.
The court found that supervised access should not be permanent and ordered a structured, progressive schedule transitioning from supervised to unsupervised and eventually overnight access, with conditions prohibiting alcohol consumption and requiring secure storage of firearms.
