The respondent father brought a motion to set aside the registration of a German child support order under the Interjurisdictional Support Orders Act, 2002.
The German court had ordered him to pay child support after serving him by registered mail, which he did not pick up.
The Ontario Superior Court of Justice found that the respondent did not have proper notice of the foreign proceedings or a reasonable opportunity to be heard, given his modest means, inability to speak German, and the short 30-day response period.
The court set aside the registration of the order on this basis.