J.M. v I.L.

The SCC denied leave to appeal this recent Hague Convention case from the New Brunswick Court of Appeal. The Court of Appeal provides an analysis of the hybrid approach in determining habitual residence which is a question of mixed fact and law. The Court also approved of the practise of making temporary awards of custody pending the outcome of the Hague case and approves the application of international jurisprudence in deciding Hague case.