Case information
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41661
A.A. v. Z.M., et al.
(Ontario) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-05-09 | Close file on Leave | |
| 2025-05-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-08 | Judgment on leave sent to the parties | |
| 2025-05-08 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M55493, 2024 ONCA 923, dated December 4, 2024, is dismissed. Dismissed |
|
| 2025-04-24 | Correspondence received from, 2025 ONCA 283 | Office of the Children's Lawyer |
| 2025-04-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-03-17 | Certificate (on limitations to public access), 23B, (Printed version filed on 2025-03-17) | A.A. |
| 2025-03-17 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-03-17, (Printed version filed on 2025-03-18) | A.A. |
| 2025-03-14 | Lower court order - e-filing, Orders from ONCA : (M55493) COA-24-CV-1001 and M55433 & M55438 (COA-24-CV-1001), (Printed version filed on 2025-03-18) | A.A. |
| 2025-03-13 | Correspondence received from | Office of the Children's Lawyer |
| 2025-03-13 | Certificate (on limitations to public access), 23B, (Printed version filed on 2025-03-14) | Z.M. |
| 2025-03-13 | Correspondence received from, (Printed version filed on 2025-03-14) | Z.M. |
| 2025-03-06 | Notice of name, (Printed version filed on 2025-03-07) | Office of the Children's Lawyer |
| 2025-03-06 | Certificate (on limitations to public access), 23B, (Printed version filed on 2025-03-07) | Office of the Children's Lawyer |
| 2025-03-06 |
Certificate (on limitations to public access), 23A , (Printed version filed on 2025-03-07) |
Office of the Children's Lawyer |
| 2025-03-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-03-12, (Printed version filed on 2025-03-07) | Office of the Children's Lawyer |
| 2025-03-06 | Certificate (on limitations to public access), 23B, (Printed version filed on 2025-03-06) | Z.M. |
| 2025-03-06 |
Certificate (on limitations to public access), 23A Amended version required (Rec 03-10-2025), (Printed version filed on 2025-03-06) |
Z.M. |
| 2025-03-06 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - Amended 23A (Rec 03-10-2025), Completed on: 2025-03-10, (Printed version filed on 2025-03-06) |
Z.M. |
| 2025-02-04 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2025-02-03 |
Certificate (on limitations to public access), 23B Amended version required (Rec'd 02-07-2025) |
A.A. |
| 2025-02-03 |
Certificate (on limitations to public access), 23A Amended version required (Rec'd 02-07-2025) |
A.A. |
| 2025-02-03 |
Application for leave to appeal, (Book Form), PUBLICATION BAN Amended version received 02-07-2025 , Completed on: 2025-02-03, (Printed version filed on 2025-02-11) |
A.A. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| A.A. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Z.M. | Respondent | Active |
| Office of the Children's Lawyer | Respondent | Active |
Counsel
Party: A.A.
Counsel
Tiffany (Shi Han) Guo
Syed Kabir
155 University Avenue, Suite 1700
Toronto, Ontario
M5H 3B7
Telephone: (416) 507-2645 Ext: 244
FAX: (647) 727-0904
Email: mstangarone@mpllp.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Z.M.
Counsel
Archana Medherkar
Yasmine Abuzgaya
Deepa Mattoo
Tamar Witelson
181 University Avenue, Suite 2200
Toronto, Ontario
M5H 3M7
Telephone: (647) 557-1929
Email: maneesha@cclfamilylaw.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Office of the Children's Lawyer
Counsel
Caterina Tempesta
393 University Avenue
Toronto, Ontario
M5G 1W9
Telephone: (416) 314-8087
FAX: (416) 314-8050
Email: sheena.scott@ontario.ca
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Summary
Keywords
Family law — Return order — Stay — Refugee claims — Review of decision of single judge — What is the standard of review owed by a panel of appellate judges reviewing a single judge’s order — Whether the assertion of a refugee claim for a child in an international abduction matter abrogates an appellate court’s discretion to decline a stay of return order — Courts of Justice Act, R.S.O. 1990, c. C.43, s. 7(5).
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(PUBLICATION BAN IN CASE) (PUBLICATION BAN ON PARTY)
The parties are from Bangladesh and travelled to Canada with their infant child, who was born in Bangladesh, for a three-week vacation. The vacation was extended, and the parties disagreed about whether a refugee claim should be made. The parties argued, the mother called the police and the father was criminally charged with assault and uttering threats. The father was released on terms of bail, which do not restrict his residency or travel outside Ontario. The father returned to Bangladesh temporarily for work. The mother filed a refugee claim for herself and the child, seeking to remain in Canada.
The father brought an urgent motion in the Superior Court of Justice seeking an order that the child be immediately returned to her habitual place of residence in Bangladesh. The motion judge concluded that the child was wrongfully retained in Ontario and there was no basis for the Ontario court to exercise jurisdiction to make a parenting order. It was determined that the child should be returned to Bangladesh. The mother appealed and she sought a motion before a single judge of the Court of Appeal to stay the motion judge’s order pending appeal. The stay motion was dismissed. The mother then sought a review of the order of the single judge to a three-member panel. A majority of the Court of Appeal set aside the decision of the single judge and ordered a stay pending the outcome of the mother’s appeal.
Lower court rulings
Ontario Superior Court of Justice
FS-24-00043290-0000
Child ordered to be returned to child’s habitual residence of Bangladesh
Order dismissing stay set aside; stay granted pending appeal
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available