The respondent brought a motion to stay or dismiss Ontario family proceedings on the basis that he had already commenced a parallel divorce, custody, and access proceeding in Bulgaria.
The court considered jurisdiction under the Divorce Act and the Children’s Law Reform Act and held that Ontario clearly had jurisdiction because the spouses had been resident in the province and the child was habitually resident in Ontario.
Applying the forum non conveniens principles articulated in Club Resorts Ltd v. Van Breda, the court held that the moving party failed to demonstrate that Bulgaria was a clearly more appropriate forum.
The child’s residence, schooling, medical care, and most relevant evidence relating to the child’s best interests were located in Ontario, and the applicant would face significant juridical disadvantage if forced to litigate abroad.
The motion to stay or dismiss the Ontario proceedings was therefore refused.
