The appellant appealed from a motion judge's refusal to dismiss the respondent's application for child support under the Family Law Act.
The appellant argued that the respondent was required to proceed under the Interjurisdictional Support Orders Act and that Ontario was not the convenient forum.
The Court of Appeal dismissed the appeal, holding that the Interjurisdictional Support Orders Act provides an alternative procedure and does not bar a claim under the Family Law Act if the court has jurisdiction.
The court found a real and substantial connection to Ontario based on the child's lifelong residence in the province.
The appellant also failed to establish that another forum was clearly more convenient.
The appeal was dismissed with costs.
