The appellant brought an application for spousal support, which the respondent moved to dismiss under Rule 16 of the Family Law Rules, arguing the court lacked jurisdiction due to a valid Iranian divorce.
The motion judge granted summary judgment and dismissed the application, finding the appellant had a real and substantial connection with Iran.
The Court of Appeal allowed the appeal, holding that the appellant's uncontradicted affidavit raised genuine issues requiring a trial, and the motion judge erred in making factual findings on a summary judgment motion without evidence from the respondent.
