The appellant mother appealed a motions judge's decision denying her request for a declaration that Ontario had jurisdiction to entertain custody, access, and support proceedings relating to the parties' child.
The parties had lived primarily in Quebec, but the mother moved to Ontario with the child upon separation.
The Court of Appeal upheld the motions judge's finding that the child was not habitually resident in Ontario at the time the application was commenced, as there was no agreement or acquiescence by the respondent father.
The court also found no error in the conclusion that the balance of convenience favoured Quebec.
