The appellant, the paternal grandmother of a six-year-old child, appealed a summary judgment dismissing her application for access in Ontario.
The child and her mother had moved to Nova Scotia, where the mother was granted joint custody.
The Court of Appeal held that while Ontario had concurrent jurisdiction because the child was habitually resident there when the application commenced, Nova Scotia was the more appropriate jurisdiction under section 25 of the Children's Law Reform Act.
The appeal was dismissed.
