The applicant mother brought the parties' child from Quebec to Ontario without notice, alleging coercive control and extreme COVID-19 isolation by the respondent father.
She sought to have the Ontario Superior Court assume jurisdiction over parenting matters under s. 23 of the Children's Law Reform Act, arguing the child would suffer serious harm if returned.
The court declined to assume jurisdiction, finding that s. 23 is intended for international cases involving non-signatories to the Hague Convention, not domestic inter-provincial disputes where the Quebec Superior Court is equally bound to consider the child's best interests.
The application was stayed pending a decision from the Quebec court on whether it would decline jurisdiction.
