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.
