On a motion for summary judgment in a family property dispute between former common law partners, the moving party argued that Quebec, not Ontario, had jurisdiction.
Applying the real and substantial connection framework and forum non conveniens principles, the court found the parties had been ordinarily resident in Quebec during the relationship, but that property in Ontario supplied a sufficient connecting factor for Ontario jurisdiction.
The court further held Ontario was the convenient forum because the litigation had already advanced there, there were assets in Ontario, and restarting in Quebec would impose considerable cost.
The motion was dismissed and the proceeding was ordered to continue in Ontario.
