The applicant sought a determination that the Ontario court had jurisdiction to address spousal support and net family property following a divorce proceeding commenced in Texas.
The respondent argued that a Texas court had already issued a final divorce order and determined issues relating to spousal support and property rights.
The court held that where a foreign court has granted a valid divorce, Ontario courts lack jurisdiction to determine corollary relief under the Divorce Act and claims under the Family Law Act.
The court found that the applicant had attorned to the jurisdiction of the Texas court by participating in the proceedings and failing to appeal the jurisdiction ruling.
The Interjurisdictional Support Orders Act was held not to apply because the foreign order denied spousal support rather than ordering payment.
