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.
