Recent Decisions

Parmar v. Flora, 2022 ONCA 869

In Parmar v. Flora, 2022 ONCA 869, a Hague proceeding involving Florida and Ontario, the Ontario Court of Appeal upheld the lower Court’s decision. On appeal, the father argued that the Application Judge erred by choosing the wrong date to determine the child’s habitual residence, and that he should have chosen the date the mother left Florida – not the date that it became clear to the father that the mother was not going to return with the child. However, the Ontario Court of Appeal did not agree with the Father’s submissions, finding that the date chosen did not affect the outcome: there was no wrongful removal when the mother left Florida with the child to return to Ontario, and no wrongful retention in Ontario when she did not return to Florida.