The applicant mother brought a motion for a declaration that the Ontario Superior Court of Justice had jurisdiction over all matrimonial issues, including custody, support, and property division.
The respondent father argued that a New Orleans court had already assumed jurisdiction over the divorce and ancillary matters, excluding custody.
The court found it had jurisdiction simpliciter due to the mother and child's habitual residence in Ontario.
However, applying the doctrine of forum non conveniens, the court stayed all claims except custody and access to avoid conflicting judgments with the New Orleans court.
