“In brief, it is well established that in interpreting legislation, there is a presumption that the legislature intends to conform to international law and to live up to its international obligations. That presumption may be rebutted, but to do so, the language of the legislation at issue must be clear and unequivocal. The language of the Family Law Rulesdoes not clearly compel the result that the Legislature of Ontario intended to default on Canada’s international obligations under the Hague Service Convention.
While the law is not completely settled on the question of whether the requirements of compliance with the Hague Service Convention may be dispensed with, the decision of the Ontario Court of Appeal in Khan Resources Inc. v. Atomredmetzoloto JSC, 2013 ONCA 189, 115 O.R. (3d) 1(Ont. C.A.) makes it clear that this case is not a case where the “access to justice” exception, if it exists, could be invoked.
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66 We recognize that the Family Law Ruleswere enacted in 1999 to create a separate set of rules for family law proceedings. The Family Law Rules, however, were silent concerning service of documents outside Ontario. Silence cannot support a finding that Ontario, seven years after implementing the Hague Service Convention in family law matters, reversed its decision, thereby causing Canada to default on an international obligation. If Ontario wishes to declare that the Hague Service Convention does not apply to family law matters within its exclusive jurisdiction, it must do so in clear and unequivocal language. (See R. v. Hape, at para. 53; Metcalfe Estate v. Yamaha Motor Canada Ltd., 2012 ABCA 240, 536 A.R. 67(Alta. C.A.) , at para. 48.)”