Danny M. Bertao

The applicant wife brought a motion to determine whether the parties' matrimonial dispute should be heard in Ontario or Bulgaria, after the respondent husband commenced divorce proceedings in Bulgaria.

The court found that while the husband had not attorned to Ontario's jurisdiction, Ontario had jurisdiction simpliciter and was clearly the forum conveniens.

The parties had lived in Ontario for 20 years, the children were habitually resident there, and the wife would suffer a significant juridical disadvantage regarding spousal support under Bulgarian law.

The court granted an anti-suit injunction restraining the husband from continuing his Bulgarian proceedings and ordered the divorce split from corollary issues.

The applicant brought a motion for temporary child and spousal support, seeking to impute an annual income of $390,028.78 to the respondent based on his rental properties in Toronto and Brazil.

The respondent argued his income was $93,376 and that he was already meeting the applicant's needs by providing rent-free accommodation and a monthly stipend.

The court imputed an income of $215,154 to the respondent based on his legal ownership of the properties, rejecting his claims of unwritten trust agreements with family members.

The court ordered the respondent to pay $1,822 per month in table child support, 60% of section 7 expenses, and $5,550 per month in temporary spousal support, with a $2,165 deduction while the applicant continues to live rent-free in his property.