The respondent wife brought a motion to dismiss the applicant husband's family law application, arguing that China was the more appropriate forum to determine their property and spousal support disputes.
The parties had married in China, obtained a joint divorce certificate there, and owned significant assets in China, though they also owned property and resided part-time in Ontario.
The court found that Ontario had jurisdiction simpliciter due to a real and substantial connection, including the husband's claim for a constructive trust over an Ontario property.
The court dismissed the motion, concluding the wife failed to establish that China was a clearly more appropriate forum, particularly given the risk that the husband might be time-barred from pursuing property claims under Chinese law.
