The mother left Pakistan with the child without the father's consent or court permission, travelling to Ontario and then British Columbia.
The father applied in Ontario to enforce a Pakistani custody order.
The application judge found British Columbia was the more appropriate forum but simultaneously made a final order declining to recognize the Pakistani order.
The father appealed.
The Divisional Court allowed the appeal, finding the application judge erred by making a final order on the merits while declining jurisdiction, which invited a multiplicity of proceedings and inconsistent judgments.
The Ontario order was set aside, allowing the parties to litigate the issues in British Columbia.
