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Respondent awarded $26,543.70 in costs following applicant's unsuccessful motion to change and failure to accept offer.
The applicant brought an unsuccessful motion to change child and spousal support and a motion for contempt.
The respondent, having enjoyed overwhelming success and having made a favourable offer to settle, sought full recovery costs.
The court awarded the respondent partial recovery costs up to the date of the offer and full recovery costs thereafter, fixing the total costs award at $26,543.70.
Ontario court may hear child support claim where respondent resides in Ontario.
The responding party brought a motion to dismiss or stay an application for child support on the basis that Ontario lacked jurisdiction and that China was the more appropriate forum.
The child and the mother resided in China, while the alleged father resided in Ontario.
The court held that under the Family Law Act, jurisdiction for a child support claim can be grounded on the respondent’s residence in Ontario even where the child lives abroad.
Applying forum non conveniens principles, the court concluded the moving party failed to establish that China was clearly the more appropriate forum.
The motion to dismiss or stay the proceeding was therefore denied and the child support claim was permitted to proceed.
