Case information

Family law — Custody and access — Whether the courts below erred in law by proceeding with custody determinations in the face of a pending Hague Convention application, thereby violating article 16 — Whether the courts below failed to act expeditiously as required by article 11 of the Hague Convention, and what the consequences of such failure are — Whether the proceedings in the Quebec courts were tainted by a denial of natural justice and procedural fairness, such that the applicant did not receive an impartial hearing — Whether the issues raised transcend the immediate interests of the parties, and meet the criteria for leave to appeal.

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(PUBLICATION BAN ON PARTY) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)

The applicant sought leave to appeal an order of the Superior Court of Quebec rendered on September 20, 2024. One judge at the Court of Appeal dismissed the application, which was filed outside the thirty-day delay set out in art. 360 of the Code of Civil Procedure, CQLR, c. C-25.01, declaring that he had no jurisdiction to hear it. The applicant appeals to the Court.