The applicant father brought an urgent motion prohibiting the respondent mother from removing their one-year-old child from Ontario to Israel.
The mother argued the child was habitually resident in Israel and commenced proceedings there.
The court applied the hybrid approach to determine habitual residence and found that the child was habitually resident in Ontario, as the parties had demonstrated a settled intention to relocate to Canada.
The court assumed jurisdiction over the provincial family law claims but dismissed the Divorce Act claims as the parties had not resided in Canada for one year.
The mother was ordered to pay $15,000 in costs.
