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The court found 15-year-old David van Dijk was wrongfully retained in British Columbia but refused return to the Netherlands under Article 13 of the Hague Convention.
Mid-trial in a custody and guardianship dispute, the court declined to order a s. 211 Family Law Act report, citing delay, intrusion, and existing witness evidence.
The order below did not finally resolve the issues relating to the children and therefore was not a final order; as a result the Court of Appeal lacked jurisdiction and the appeal was quashed; costs were awarded to the respondent in the sum of $2,000 inclusive.
Source excerpt
The Supreme Court of Canada dismissed the appeal in R. v. P. (J.), holding that any error in failing to inquire into a child witness’s capacity did not require reversal.
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