Wei (Sabrina) Wang

The moving party brought a motion to dismiss the responding party's family law application on the basis that the issues were already resolved by a valid divorce judgment in China.

The responding party had initiated the divorce proceedings in China, which granted the divorce and ordered child support, but deferred property division.

The court found the Chinese divorce valid under the Divorce Act.

Consequently, the responding party's claims for divorce, spousal support, and child support in Ontario were dismissed as an attempt at forum shopping.

The claim for equalization of net family property was stayed pending the outcome of the ongoing property proceedings in China.

The applicant sought interim child and spousal support in Ontario, while the respondent sought recognition and enforcement of Chinese divorce judgments that addressed child support and property division but not spousal support.

The court found that the applicant had attorned to the Chinese jurisdiction by participating in the Chinese proceedings.

The court dismissed the applicant's public policy arguments against enforcing the Chinese judgments, including the lower child support amount and the absence of spousal support in Chinese law, finding that these did not "shock the moral conscience" of the Canadian court.

Consequently, the respondent's motion for summary judgment recognizing and enforcing the Chinese judgments was granted, and the applicant's motion for interim support was dismissed, as the Ontario court lacked jurisdiction over issues already adjudicated in China.