Sukhwinder Singh Samra

The applicant husband brought a motion for the return of the parties' child from British Columbia to Ontario, arguing that Ontario was the child's habitual residence.

The respondent wife brought a cross-motion to stay the proceedings or transfer them to British Columbia, where she had commenced a family law proceeding under provincial legislation.

The court found that the husband's application under the Divorce Act took precedence and that the child was habitually resident in Ontario, as the wife had relocated without the husband's consent.

The court ordered the wife to return the child to Ontario within 30 days.

The Applicant sought an urgent order for the sale of a jointly owned property and an amendment to her application, citing dire financial circumstances due to mortgage arrears and lack of income.

The Respondent opposed, arguing the matter was not urgent, the application was procedurally improper given a prior divorce, and that it constituted a malicious collateral attack.

The court found the matter urgent, applying the Thomas v. Wohleber test, noting the immediate risk of losing equity.

It permitted the amendment and ordered the sale of the property, rejecting the Respondent's procedural objections and finding no malicious conduct.

The Applicant was granted sole authority for the sale above a specified price, with the Respondent given a limited opportunity to purchase the property first.