The applicant father brought a motion seeking a declaration of breach, fines, and an order striking the respondent mother's pleadings after she abducted their three children to China and failed to return them to Ontario in breach of a previous court order.
The court found a clear breach and rejected the mother's excuses.
The court ordered escalating daily fines and struck the mother's pleadings unless she returned the children by a specified deadline, reasoning that her non-compliance unfairly prevented the father from participating in a fair trial.
