The applicant father brought an urgent motion for the return of the parties' child to Ontario and disclosure of her address.
The respondent mother had taken the child to Mauritius, agreed to return her to Canada in a Hague Convention proceeding, but instead unilaterally relocated to Alberta.
The mother brought a cross-motion arguing Alberta was the proper jurisdiction.
The court found that Ontario had jurisdiction under the Children's Law Reform Act because the child's habitual residence remained in Ontario, as she was removed without consent and the father did not acquiesce.
The court ordered a Case Conference to determine the next steps.