The respondent husband moved to stay a divorce proceeding and set aside an ex parte Mareva injunction on the basis that the Ontario court lacked jurisdiction under s. 3(1) of the Divorce Act.
The court found that the applicant spouse had not been ordinarily resident in Ontario for the required one‑year period preceding the application and had instead been living with the family in China.
The court also concluded there was no real and substantial connection to Ontario sufficient to ground corollary relief under the Family Law Act.
In related proceedings concerning the parties’ children, the court declined to order their return to China despite concerns regarding their removal, emphasizing the need for a full evidentiary record before determining custody issues.
