The Applicant brought a motion for an interim parenting order.
The Respondent challenged the Ontario court's jurisdiction, asserting that British Columbia was the proper forum after she moved there with the children.
The court determined that the children's habitual residence remained in Ontario at the commencement of the application, as their removal was without the Applicant's consent or acquiescence, and there was no undue delay in commencing proceedings.
The court rejected the Respondent's argument that a British Columbia protection order established habitual residence there.
Applying the balance of convenience test under the Children's Law Reform Act, the court concluded that Ontario was the more appropriate forum to exercise jurisdiction.
