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Ontario declined jurisdiction over support and adult-child parenting claims.
On a jurisdiction motion in a family proceeding, the court dismissed claims seeking custody, access, and child support relating to three adult children with disabilities where substantial prior litigation and operative orders existed in Bermuda.
The court held that under the Children's Law Reform Act it had no subject matter jurisdiction to make custody or access orders for adult children, and that any Ontario proceedings concerning personal care should instead proceed, if at all, under the Substitute Decisions Act in the proper court.
The court further held that Ontario lacked territorial competence over the support claim under the Family Law Act because a final Bermuda support judgment already addressed the same issues, the responding party had not attorned to Ontario, and comity, finality, and the real and substantial connection analysis weighed against a fresh Ontario application.
In the alternative, Bermuda was found to be the more appropriate forum, and amendment of the pleadings was refused.
Summary judgment granted dismissing third-party claim against maintenance contractor; TSB opinions ruled inadmissible.
Following a train derailment and tankcar failure, the main action was settled.
The remaining parties brought summary judgment motions regarding third-party claims and contractual indemnity.
The court ruled that opinions in a Transportation Safety Board report are inadmissible, but factual observations are admissible.
The court also interpreted an indemnity clause under Illinois law, finding it did not require the lessee to indemnify the lessor for the lessor's own negligence.
Finally, the court granted summary judgment dismissing the third-party claim against the maintenance contractor, finding no evidence of a duty to inspect the failed welds and that the claims were barred by the US doctrine of preemption.
