The introduction of the term "habitual residence" to Canada stems from the Hague Convention on Private International Law. At common law, a person's habitual residence is a question of fact determined on a case by case basis. Canadian courts have not provided a clear definition on the term; however, the word “habitual” qualifying the term “residence” suggests that more than just physical presence is required to find someone to be a habitual residence of a place. Also required is “a minimum connection with some form of dwelling” and “a stay of some duration”. It is worth noting that the courts have made it clear duration of time, while important as a factor to consider, is not determinative. Evidence of present intention to reside is also a factor to be considered.