The applicant mother brought a motion to recognize and enforce a Manitoba final parenting order in Ontario under s. 41(1) of the Children's Law Reform Act.
The respondent father, who was self-represented, had been noted in default in the Manitoba proceeding after an 18-month delay by the applicant, without any warning that the matter would proceed uncontested.
The Ontario Superior Court of Justice dismissed the motion, finding that the respondent was not given a reasonable opportunity to be heard by the Manitoba court before the final order was made, which is an exception to recognition under s. 41(1)(b).
The court ordered the involvement of the Office of the Children's Lawyer and directed the parties to a settlement conference to address the respondent's request for a superseding order.
