The applicant mother commenced family law proceedings in Ontario less than one year after the parties moved from Germany.
The respondent father challenged the court's jurisdiction.
The court found it lacked jurisdiction to grant a divorce under the Divorce Act because the one-year residency requirement was not met at the time of issuance.
However, the court granted the mother leave to amend her application to claim decision-making responsibility, child support, spousal support, and property division under provincial legislation (CLRA and FLA), finding a real and substantial connection to Ontario.
The court dismissed the father's forum non conveniens argument, holding that Ontario was the appropriate forum.
On the mother's cross-motion for interim support, the court imputed income to the father on a graduated basis up to $180,000, finding him intentionally underemployed, and ordered interim child and spousal support.
