Chelsea Lynne Hooper

The moving party brought a motion to transfer an appeal of a Hague Convention application from the Court of Appeal to the Divisional Court.

The underlying application was heard in the Family Court branch of the Superior Court of Justice.

The moving party argued that under section 73 of the Children's Law Reform Act and section 21.9.1 of the Courts of Justice Act, the appeal properly lies to the Divisional Court.

The responding party argued that the appeal should remain in the Court of Appeal.

The Court of Appeal agreed with the moving party, finding that on a plain reading of the statutory provisions, the first appeal of an order under Part III of the CLRA made at a Family Court lies to the Divisional Court.

The motion was granted and the appeal was transferred.