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The court transferred a child protection application to the proper jurisdiction under Rule 2 of the Family Law Rules after finding the applicant society lacked territorial jurisdiction.
The Children and Family Services for York Region (the "Society") brought an urgent motion and child protection application concerning a child.
The court raised questions about its territorial jurisdiction, as the child and parents did not reside in or were present in York Region.
The Society sought to transfer the matter to Durham Region based on preponderance of convenience under section 91(3) of the Child, Youth and Family Services Act, 2017.
The court found that the Society lacked territorial jurisdiction to initiate the application because the child was not present within its jurisdiction.
Despite this, and with the consent of the parties, the court ordered the transfer of the proceeding to Durham Region, not under section 91(3), but by exercising its authority under Rule 2 of the Family Law Rules, prioritizing the child's best interests and judicial efficiency.
