Liisa Parisé

The appellant father appealed an Ontario Court of Justice order requiring him to pay ongoing child support and arrears.

The parties were divorced in Finland, where a valid child support order was previously made.

The father had abducted the children to Morocco but they were later returned to Finland.

The Superior Court of Justice allowed the appeal and quashed the Ontario child support order, finding that under the Cheng v. Liu framework, the Finnish court had exclusive jurisdiction over child support because it granted the divorce and issued the initial support order.

The court noted the father's history of misleading authorities but held that the Ontario court lacked jurisdiction to create a competing child support order.

The respondent in a family law proceeding brought a motion to change a consent order requiring payment of child and spousal support following the breakdown of a common-law relationship.

The applicant alleged that a prior assault by the respondent caused injuries rendering her incapable of remunerative employment and entitling her to continued spousal support despite the short duration of the relationship.

The court held that the applicant bore the onus of establishing that her alleged incapacity was caused by the assault.

Medical evidence did not establish on a balance of probabilities that the injuries were attributable to the assault or that the applicant was incapable of employment.

Child support was terminated retroactively to December 31, 2010, and spousal support was terminated effective May 31, 2013.