Peter Girard

The applicant mother removed the child from Nova Scotia to Ontario without notice to the father, claiming it was a vacation.

When she did not return on the scheduled date, she commenced an application for custody in Ontario.

The court considered whether Ontario had jurisdiction to hear the matter.

The father obtained a custody order in Nova Scotia.

The court found that the child's habitual residence was Nova Scotia, not Ontario, and that the mother had removed the child without the father's consent or acquiescence.

The court vacated the ex parte order granted on November 3, 2015, and declined jurisdiction, finding that Nova Scotia was the appropriate forum.

The defendant corporation brought a motion to set aside a default judgment obtained by the plaintiff for breach of contract in the amount of $426,767.51.

The defendant alleged the judgment was obtained through sharp practice and misleading information and sought to challenge a related default order in a separate action.

The court found the litigation had become a cycle of unproductive without‑notice orders involving an insolvent company and adjourned the motion to allow responding materials and potential settlement discussions.

The court clarified that the default judgment did not impose personal liability on non-parties and imposed interim restrictions preventing enforcement of judgments or bankruptcy proceedings without leave.

The judge seized himself of both related proceedings pending further developments.