Li Tian

The court considered whether it has jurisdiction to make a final order for corollary relief under the Divorce Act before a divorce is granted.

After reviewing conflicting authorities, the court concluded that, according to binding appellate authority, a Canadian court cannot make a final order for corollary relief under the Divorce Act unless a divorce has been granted.

The court also addressed the correction of a previous order that was mistakenly made under the Divorce Act before a divorce claim was included, and provided guidance for future cases to avoid orders made without jurisdiction.

This was an uncontested trial where the Applicant sought divorce, child support, sole decision-making authority, and supervised parenting time for the children.

A preliminary issue of jurisdiction under the Divorce Act was addressed, with the court finding sufficient evidence of the Syrian marriage.

The court granted sole decision-making authority to the Applicant mother, ordered supervised parenting time for the Respondent father due to his lack of involvement and allegations of family violence, and imputed income to the father for child support calculations, ordering retroactive and ongoing support.