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Divisional court reversed over Hague Convention

Thursday, October 06, 2016 @ 8:00 PM | By Ann Macaulay

Ontario’s highest court has set aside a Divisional Court judgment in a Hague Convention application, unanimously ruling that two Canadian children must return to their father in Germany against their mother’s wishes. The appeal court restored Superior Court Justice W.L. MacPherson’s ruling that the mother had wrongfully retained the children.

In Balev v. Baggott 2016 ONCA 680, Court of Appeal for Ontario Justice Robert Sharpe wrote that the decision by Associate Chief Justice Frank Marrocco and Justices Harriet Sachs and Michael Varpio, if upheld, would “undermine...