The applicant mother brought a motion seeking a determination that the Superior Court of Québec was the appropriate jurisdiction to hear the parties' outstanding child support claims.
The respondent father had previously commenced a Motion to Change in Ontario seeking parenting orders.
The court found that under s. 5(2) of the Divorce Act, the Ontario court had exclusive jurisdiction because the father's variation proceeding was commenced first and the mother had attorned to the jurisdiction by actively litigating and seeking substantive relief in Ontario.
The court also declined to apply the doctrine of forum non conveniens, finding the mother failed to establish that Québec was clearly the more appropriate forum.
The motion was dismissed.
