Roselyn Zisman

The appellant mother appealed an order requiring the return of her two children to Israel pursuant to the Hague Convention on the Civil Aspects of International Child Abduction.

The mother had wrongfully detained the children in Ontario after obtaining permission from an Israeli court to take them to Czechoslovakia for a temporary visit.

The mother argued that returning the children would expose them to a grave risk of harm and that their refugee claim should stay the Convention proceedings.

The Court of Appeal dismissed the appeal, finding no error in the application judge's conclusion that the mother failed to establish the Article 13 exceptions and that the Convention proceedings should not be stayed pending the refugee claim.

A motion to introduce fresh evidence was also dismissed.

The appellant appealed an order refusing a motion to extend the time to appeal a child protection order and dismissing the appeal.

The Court of Appeal found no error in the motion judge's conclusion that there was an unexplained delay in ordering transcripts and no merit to the appeal.

The court emphasized that delay is of particular concern in child protection proceedings where expeditious resolution is in the child's best interests.

The appeal was dismissed with costs awarded to the respondents.

The appellant appealed a motions judge's finding that the sale of the respondent's business interest was an arm's length transaction and not bogus.

The Court of Appeal found no palpable and overriding error in the motions judge's factual conclusion, which was supported by evidence.

The court upheld the imputed income but amended the effective date of the retroactive order to the date of the application to vary, based on a concession by the respondent.

The appeal was otherwise dismissed with no order as to costs.