R. Tekriwal

The mother brought an application for custody and corollary relief in Ontario.

The father, residing in Pakistan, brought a motion to dismiss the application on the basis that Pakistani courts had already exercised jurisdiction, and sought the return of the children to Pakistan.

The court found that while the children were not habitually resident in Ontario at the commencement of the application, the requirements of s. 22(1)(b) of the Children's Law Reform Act were met.

The court assumed jurisdiction, noting the children's real and substantial connection to Ontario and the balance of convenience favouring Ontario.

The father's motion was dismissed.

The applicant brought a motion for directions regarding an access protocol, which the parties resolved on consent.

The issue of costs was reserved to be addressed after a settlement conference.

As the settlement conference was not concluded and was rescheduled, the court directed that the costs issue remain reserved until the conference is completed.

The court declined to determine costs at this time, encouraging the parties to resolve it as part of an overall settlement.