Caroline Lutes

In a family law proceeding, the respondent brought a motion to strike the applicant's pleadings for failure to pay a costs order and sought a declaration that his disclosure was complete.

The applicant sought an adjournment of an upcoming long motion regarding spousal support.

The court dismissed the motion to strike because the costs were paid prior to the hearing, and dismissed the request for a declaration as the outstanding disclosure was irrelevant to the upcoming support motion.

However, the court denied the applicant's request for an adjournment, finding it to be a delay tactic, and ordered the long motion to proceed peremptorily.

The applicant wife and respondent husband, both Canadian and Iranian citizens, separated in Ontario.

The husband sought to recognize and enforce an Iranian divorce judgment, arguing it dealt with property and support.

The wife opposed this, arguing she did not attorn to Iranian jurisdiction and that there was no real and substantial connection to Iran for the divorce.

She also sought a declaration that the Mehr (marriage portion) enforcement did not fully determine property rights in Canada.

The court dismissed the husband's motion, finding no attornment or real and substantial connection to Iran for the divorce.

The wife's motion for declaratory relief regarding the Mehr was also dismissed, as the court found it was not appropriate for summary judgment and should be determined at trial.