Canada Case Law

Chau v. Tsang

Court

Supreme Court of British Columbia

Child was habitually resident in Hong Kong from birth until removal on December 25, 2025; Mr. Chau was exercising custody rights at removal; the removal was therefore wrongful under Articles 3 and 12 of the Hague Convention; Ms. Tsang failed to prove on the balance of probabilities that return would expose Jay to a grave risk of physical or psychological harm under Article 13(b) or would offend fundamental principles under Article 20; accordingly, pursuant to Article 12 the court ordered Jay's immediate return to Hong Kong and set aside the BC protection and non-removal orders; a police enfor…

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• Wrongful removal
• Habitual residence
• Article 13(b) grave risk exception
• Article 20 human rights exception
• Protection order
• Non-removal order

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Taddeo v. Ouellet

Court

British Columbia Court of Appeal

Article 13(b) was correctly interpreted to include, as an independent category subject to the Convention's high threshold, an "otherwise intolerable situation"; the chambers judge reasonably found that returning the child to Mexico would place the child in an otherwise intolerable situation because the primary caregiver would face no housing, no means of financial support and no prospect of earning sufficient income, and the appellant could not be relied upon to provide support; the appellant's ineffective assistance and fresh evidence claims fail because he did not produce former counsel com…

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• Hague convention article 13(b)
• Grave risk of harm
• Ineffective assistance of counsel
• Fresh evidence
• Habitual residence
• Child custody

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Tay v. Passeri

Court

Supreme Court of British Columbia

The court dismissed a relocation application after the claimant abducted the child to Thailand, granted the respondent sole guardianship and parenting time, and awarded special costs.

• Relocation application
• Best interests of the child (divorce act s.16)
• Parental alienation
• Abuse of process
• Section 211 psychological report
• Retroactive child support

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Ding v. Law

Court

Supreme Court of British Columbia

Costs judgment in a Hague Convention child abduction petition. The court held it could consider the Family Rules, but ordered no costs and left each party to bear its own costs.

• Hague convention
• Costs
• Wrongful retention
• Offers to settle
• Application of family rules
• Hague-convention

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Jalili v. Bakhshizad

Court

Supreme Court of British Columbia

The court found the child was habitually resident in Denmark, the petitioner had custody rights and exercised them, and ordered the child returned forthwith under the Hague Convention.

• Habitual residence
• Wrongful removal
• Return of child
• Custody rights
• Consent/acquiescence
• Article 12 mandatory return

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Gill v. Gill

Court

British Columbia Court of Appeal

Appeal dismissed in a Hague Convention child-return case. The court upheld findings that the child was habitually resident in Canada and that family-violence evidence was relevant to intent.

• Habitual residence
• Grave risk exception (article 13)
• Parental intention
• Credibility findings
• Standard of review (palpable and overriding error)
• Habitual-residence

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Dieffenbacher v. Dieffenbacher IV

Court

Court of Appeal for Ontario

The Court refused the stay because, although the appeal raised a non-frivolous question, the mother failed to demonstrate irreparable harm and the balance of convenience favoured the child's prompt return under the Hague Convention; the application judge's factual findings were reasonable and entitled to deference, and the father's undertakings and New York court jurisdiction mitigated the mother's concerns.

Source excerpt

• Hague convention return
• Habitual residence
• Stay pending appeal
• Undertakings
• Domestic violence allegations
• Jurisdiction and custody

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De Leon Saldierna v. Shergill

Court

Supreme Court of British Columbia

Hague Convention child abduction application dismissed. The court found the Oklahoma court was not actually exercising custody rights at removal, and in any event Article 13(b) would bar return.

• Hague convention article 3 and article 13
• Custody vs access
• Habitual residence
• Jurisdictional vesting of court custody rights
• Temporary injunctive relief
• Oklahoma paternity and custody law

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Y.Q. v. J.D.

Court

Supreme Court of British Columbia

The court ordered a child returned to Richmond, B.C., found the respondent’s retention in China wrongful, granted related declarations, and ordered tax document production.

• Habitual residence
• Wrongful removal and detention
• Jurisdiction
• Recognition of foreign orders
• Parenting orders
• Production of financial/tax documents

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Mei v. Li

Court

Supreme Court of British Columbia

The court held British Columbia had jurisdiction over parenting and guardianship under the Family Law Act, refused to defer to a Chinese custody order, and appointed the mother sole guardian.

• Guardianship
• Parental responsibilities
• Habitual residence
• Recognition of foreign orders
• Best interests of the child
• Forum shopping

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