On appeal from a Superior Court decision dismissing an application under the Hague Convention on the Civil Aspects of International Child Abduction.
The appellant sought the return of four children to Germany, arguing they were habitually resident there.
The respondent opposed the application, arguing the children were habitually resident in Ontario.
The application judge found the children were habitually resident in Ontario and dismissed the application.
The Court of Appeal upheld this decision, confirming the application of the hybrid model for determining habitual residence established in Office of the Children's Lawyer v. Balev.
The court rejected all grounds of appeal, including allegations of inadequate reasons, misapplication of the hybrid model, factual errors, and procedural errors regarding the involvement of the Office of the Children's Lawyer.