The respondent father sought a summary decision on whether the Ontario Court of Justice had jurisdiction to make a new child support order or retroactively vary child support provisions of a Colombian divorce order dated November 7, 2006.
The father argued that since Colombia is not a reciprocating jurisdiction under the Interjurisdictional Support Orders Act, the mother had no recourse in Ontario and must seek relief in Colombia.
The mother argued that Ontario had jurisdiction based on real and substantial connection and forum of necessity, as she and the child had been permanently resident in Ontario since 2014, and the father had attorned to Ontario's jurisdiction regarding custody and access.
The court found that Ontario had jurisdiction to determine child support, distinguishing the case from precedents involving forum shopping and applying the Muscutt jurisdictional factors.
