The respondent father brought a motion to dismiss the applicant mother's claims for divorce and custody on jurisdictional grounds, and for the return of the children to Dubai.
The mother had fled Dubai with the children, alleging domestic violence, and claimed refugee status in Canada.
The court found it lacked jurisdiction under the Divorce Act because neither party had been ordinarily resident in Ontario for one year prior to the application.
However, the court assumed jurisdiction over custody and access under the Children's Law Reform Act, finding the children were habitually resident in Ontario due to the father's delay and acquiescence, and alternatively, that the children had a real and substantial connection to Ontario.
