CANADA – HICKMAN – 1989 (Return ordered) HICKMAN v NEWELL. Father is ordered to return the child to mother in England. Father is ordered to pay court costs fixed at $1000.00 with stipulations.
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Court: SUPREME COURT OF ONTARIO
Number: Court File No. 11207/89
Applicant: Paula Hickman
and
Respondent: Joseph Donald Gerard Newell
Date: Thursday, 20 Jul 1989
IN THE MATTER OF The Children’s Law Reform Act., R.S.O. 1980,
Chapter 68, as amended;
AND IN THE MATTER OF the Hague Convention on the Civil Aspects of
International Child Abduction.
Judge: The Honourable Judge J. H. Jenkins
JUDGMENT
THIS APPLICATION was heard this day, without a jury, at 605
Rossland Rd. E., Whitby, Ontario, in the presence of Counsel for
the Applicant, the Respondent appearing in person.
ON READING the Notice of Application and the evidence filed
by the parties, and on hearing the submissions of Counsel for the
Applicant and Respondent,
1. THIS COURT ORDERS THAT the Respondent shall immediately
return the child, Nicholas Christian Newell, born October 10,
1984, to the Applicant in Ipswich County, England, or to such
other person authorized by the Applicant, in Ipswich County,
England.
2. THIS COURT ORDERS THAT the Respondent shall return the said
child to the United Kingdom on Worldways Flight 900, departing at
11:20 p.m. on Friday, July 21, 1989, from Pearson International
Airport.
3. THIS COURT ORDERS THAT the Respondent shall pay the costs of
the expenses and air far for the child and any accompanying adult
should adult accompaniment be required.
4. THIS COURT ORDERS THAT solicitor and client costs be awarded
to the Applicant, fixed at $1000.00, to be paid to the Applicant
if the Court of competent jurisdiction in England rules that the
child was removed without the knowledge and consent of the
applicant.
/s/ J. H. Jenkins
Counsel:
For Applicant: For Respondent:
Brian S. Korb., Esq In propria persona
Mackey, Bailey & Korb
Barristers and Solicitors
Box 518, No. 400
22 King St. West
Oshawa, Ontario 11H 7L9
(416) 436-7600