The applicant father sought the return of the child to London, Ontario, arguing the respondent mother had wrongfully relocated to Alberta and changed the child's habitual residence.
The respondent mother challenged jurisdiction, asserting Alberta was the proper forum, or alternatively, sought interim primary care in Alberta.
The court determined that Ontario retained jurisdiction, finding the child's habitual residence was London and the mother's relocation was unilateral and without consent.
Despite this, the court declined to order the child's immediate return to London, instead ordering an expedited trial and permitting the child to start school in Alberta, concluding that the mother had a cogent argument for success on the relocation issue at trial.
