Canada Case Law

Geliedan v. Rawdah

Court

Court of Appeal for Ontario

The application to reopen the appeal was dismissed because the new text-message evidence was irrelevant to the central appellate issue—respecting and deferring to the U.K. Consent Custody Order and requiring the father to pursue relief in the U.K.—and reopening is only permitted where a very serious injustice would result, which was not shown here.

Source excerpt

• Consent custody order
• Children's law reform act s.40
• Fresh evidence
• Reopening appeal
• Jurisdiction
• Costs

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Mangat v. Mangat

Court

Supreme Court of British Columbia

The court found the children were habitually resident in Uganda, ordered their return from British Columbia, and directed the claimant to cover travel and temporary expenses.

• Habitual residence
• Wrongful retention
• Jurisdiction (s.74 fla)
• Return order (s.77 fla)
• Payment of expenses
• Support

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