Karon Christine Bales

The applicant wife sought summary judgment to enforce a global financial settlement negotiated at a settlement conference.

The respondent husband argued the agreement was not binding, conditional on independent legal advice (ILA), and unconscionable.

The court found no binding settlement, concluding that the negotiated terms were conditional upon the husband obtaining ILA and executing a formal contract.

The motion for summary judgment was dismissed, and the matter was directed to trial.

The respondent brought a motion to dismiss a family law application seeking child and spousal support on the basis that parallel proceedings were already underway in Kenya.

The moving party argued the Ontario proceeding duplicated existing divorce and children’s cases initiated earlier by the responding party in Nairobi and constituted forum shopping.

The court held that at the time the motion was served there were ongoing proceedings between the same parties concerning the same subject matter, satisfying Family Law Rule 16(12)(c)(iii).

The court further found that the attempt to withdraw overlapping claims in Kenya after the motion was served to preserve the Ontario proceeding amounted to an abuse of process.

Although Ontario technically had jurisdiction over support issues, Kenya was clearly the more appropriate forum.