Paul C. Nesseth

The court considered a motion by Brian Joseph Serapiglia to stay enforcement of a support order by the Family Responsibility Office (FRO) and suspend his obligation to pay spousal support.

The court found a material change in circumstances justifying a stay and suspension of spousal support effective December 31, 2023, but declined to grant the full relief sought.

The decision reviews the jurisdiction of the Superior Court to grant such relief, the applicable legal test, and the evidence of hardship, urgency, and clean hands.

The defendant, Persico USA Inc., brought a motion to dismiss or stay the action and/or set aside service of the statement of claim, arguing a lack of real and substantial connection to Ontario and *forum non conveniens*.

The plaintiff, Savvas Koutros, an Ontario resident, sued for wrongful termination from his employment as a plant manager in Michigan.

The court found that the employment contract was made in Michigan, not Ontario, and that Persico did not carry on business in Ontario.

Consequently, the court determined there was no real and substantial connection between the action and Ontario and declined jurisdiction.

Alternatively, the court found Michigan to be the more convenient forum.

The motion was granted, and the action was stayed.