CITATION: Onuoha v. Onuoha, 2021 ONSC 1592
COURT FILE NO.: DC 579/20 DATE: 20210303
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
D.L. Corbett, Penny and Doyle JJ.
B E T W E E N:
CHAMBERLIN CHIDI ONUOHA
Gloria Antwi, for the Respondent in Appeal
Applicant / Respondent in Appeal
- and -
IRENE ONUOHA
Emily M. O’Keefe and Anthony R. Colizza,
for the Appellant in Appeal
Respondent / Appellant in Appeal
Heard by Videoconference: March 2, 2021
REASONS FOR DECISION
The Court:
[1] We dismissed this appeal without calling upon counsel for Mr. Onuoha. We advised that we will provide reasons, likely within the next two weeks. We issue this brief endorsement to facilitate timely implementation of the order of Madsen J.
[2] In our view, Madsen J.’s reasons are exemplary: they disclose no error in law and are based upon factual findings rooted in the record. The process followed by Madsen J. was fair and appropriate, and, specifically, there was no need for oral evidence in this case. The appellant mother abducted her children and brought them to Canada in violation of a valid divorce order of the Nigerian courts. The evidence falls far short of establishing that the children would suffer serious harm if returned to Nigeria. The children have now been in Canada for more than sixteen months while their father has sought their return through Canadian legal channels. They should be returned without further delay.
[3] Once we advised the parties of our decision, we asked counsel to confer on a reasonable timetable for return of the children to Nigeria. Both sides agreed that 14 days is reasonable, subject to one potential difficulty: the children’s passports are currently being held by Canadian officials pending determination of immigration proceedings.
[4] We do not expect that these circumstances will pose a significant impediment to the children’s timely return to Nigeria. The federal authorities have made orders requiring that the children be excluded from Canada (in practical terms, that the children be returned to Nigeria). Those orders are the subject of an application for judicial review brought by the Appellant in the Federal Court of Canada. This court understands that the children’s passports are currently being held by federal authorities pending determination of the Federal Court proceedings. The Federal Court proceedings are no bar to this court’s order that the children be returned to Nigeria. This said, the authorities in possession of the children’s passports are not before this court and no order can be made by this court against them in their absence. We do not anticipate that the responding party, Mr. Onuoha, will have difficulty arranging to have the passports available to enable his children to return to Nigeria in accordance with this court’s order and the decision of Madsen J., but if there prove to be difficulties, Mr Onuoha may seek further directions from D.L. Corbett J., on notice to Ms. Onuoha and other affected parties, to facilitate implementation of the order of Madsen J. in accordance with this court’s disposition of this appeal. Accordingly, for reasons to follow, we order that:
(a) the appeal be dismissed so that, subject to the terms below, all the terms of Madsen J. order are in effect
(b) the appellant pay costs of the appeal (including the stay motion) to the respondent fixed at $16,000, inclusive, payable within thirty days;
(c) the deadline for return of the children to Nigeria set out in the order of Madsen J., stayed by the order of D.L. Corbett J., is reinstated and amended to be March 17, 2021;
(d) the father is directed to take reasonable steps to make arrangements for the children’s passports to be available to enable the children to return to Nigeria by March 17, 2021;
(e) if issues arise implementing of the order of Madsen J. in accordance with the decision of this court, either party may seek further directions from D.L. Corbett J. of this court, on notice to the other party and any affected persons.
___________________________ D.L. Corbett J.
___________________________ Penny J.
___________________________ Doyle J.
Date of Release: March 3, 2021
COURT FILE NO.: DC 579/20 DATE: 20210303
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
D.L. Corbett, Penny and Doyle JJ.
BETWEEN:
Chamberlin Chidi Onuoha
Applicant / Respondent in Appeal
– and –
Irene Onuoha
Respondent / Appellant in Appeal
REASONS FOR DECISION
D.L. Corbett J.
Date of Release: March 3, 2021