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.
