What is the effect of having to have a division of the Court of Appeal hear an appeal of a restoration order?
British Columbia, Canada
The following excerpt is from Rey v. Getta, 2013 BCCA 369 (CanLII):
My conclusion with respect to this application would have been entirely different if it were not possible to have this appeal heard quickly by a division of the court. The emphasis in the Hague Convention provisions when a child has been removed from the jurisdiction in which the child is habitually resident is an expeditious resolution of the matter in the judicial institutions in which application for return of the child is made. In many cases in which appeal of a restoration order is weak, the appeal cannot be heard expeditiously and, as in the Grymes case [Grymes v. Gaudreault, 2004 BCCA 495], the stay must be granted. But in the present case, in my opinion, the time line to appellate resolution is such that the expediency requirement of the convention can be met.
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