The appellant father appealed the dismissal of his motion to stay Ontario family law proceedings regarding custody of the parties' child.
The mother had moved from Indiana to Ontario while pregnant, and the child was born in Ontario.
The Indiana court had previously granted the father custody of the unborn child.
The Court of Appeal upheld the motion judge's finding that Ontario had jurisdiction under s. 22 of the Children's Law Reform Act, as the child was physically present in Ontario, substantial evidence was available there, and the balance of convenience favoured Ontario.
The appeal was dismissed.