The appeal concerned whether an Ontario court had jurisdiction under the Divorce Act to make and later vary spousal support orders following a foreign divorce.
The court held that the 1990 consent order increasing spousal support was made without jurisdiction because only the court that granted the divorce could then grant corollary relief under s. 4, and the parties' consent could not cure that defect.
It further held that the 1998 variation order was also without jurisdiction because a null order cannot be varied and Canadian courts have no jurisdiction under the Act to vary foreign support orders.
The appeal was allowed, the variation order was set aside insofar as it related to spousal support, and no costs were awarded.
