This motion, brought by Wahgoshig First Nation and supported by Native Child and Family Services of Toronto (NCFS), sought to transfer a child protection proceeding from Toronto to Timmins.
The child, nearly 9 years old, had resided in Wahgoshig First Nation for 8 years under a Customary Care Agreement, which was recently terminated.
Kunuwanimano Child & Family Services (Kunu) opposed the transfer, arguing Toronto was the proper venue and raising concerns about service capacity.
The court found a preponderance of convenience favored Timmins, given the child's long-term residence, connections, and the location of current protection concerns.
Despite NCFS initially lacking territorial jurisdiction to file in Toronto, the court, relying on the Family Law Rules, ordered the transfer to Timmins to ensure the child's best interests and avoid legal limbo.
