Is there genuine lis between the parties to the issue of non-removal?
Ontario, Canada
The following excerpt is from M.A.W. v. J.A.W., 2013 ONCJ 34 (CanLII):
[35] The evidence is clear that there is no genuine lis between the parties with respect to the issue of non-removal. No evidence was led that either party has any intention of voluntarily removing the child from the jurisdiction, save and except through the operation of the deportation order itself. See: Martin v. Royal, [2012] ONCJ 202. In fact, the mother is fighting very hard to remain in Canada and has no desire to go to Jamaica with the child.
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