Case information

Family law — Best interests of child — Decision-making authority — Primary residence — Right to relocate child outside Canada — Mother to have sole-decision making authority and primary residence of the child — Mother entitled to relocate child outside Canada— Court of Appeal’s denial of leave to appeal decision on appeal — Father sought to submit fresh evidence when seeking leave to appeal — Whether Court of Appeal erred in refusing leave to appeal based on fresh evidence — Whether changes in circumstance justify review of best interests of child — Whether Court of Appeal erred in refusing leave to appeal.

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The father was born in Poland and emigrated to Canada as a child. He has both Canadian and Polish citizenship. The mother is a Polish citizen and was self-supporting before she met the father. Their relationship lasted from 2019 to 2021. The mother lost her work permit when she moved in with the father. They had a child in October 2020. The mother was the primary caregiver of the child from birth. During the relationship, sponsorship was discussed, but no more. In June 2022, mother and child relocated to a women’s shelter. The mother was susceptible to deportation from Canada at any time, but she had a job in her home community in Poland, as well as housing and support from her family and the community. She applied for an order giving her the right to relocate to Poland with the child, decision-making authority over the child, and other relief.

The trial judge made a number of orders, including that the mother was to have sole-decision making authority and primary residence of the child. She was also entitled to relocate with the child to Poland, effective immediately. Parent J. also accepted the allegations of physical and psychological family violence and a pattern of coercive and controlling behaviour. The Ontario Superior Court of Justice dismissed the father’s appeal, and the Court of Appeal dismissed his further application for leave to appeal.