The parties executed a separation agreement in 2000, which the responding party filed with the Ontario Court of Justice in 2002.
In 2011, the responding party commenced proceedings in the Superior Court of Justice seeking compliance and child support under the agreement.
The moving party brought a motion to dismiss the claims for lack of jurisdiction.
The court held that under s. 35 of the Family Law Act, once a separation agreement is filed with the Ontario Court of Justice, it becomes an order of that court and the Superior Court lacks jurisdiction to vary or enforce it.
The court ordered the entire proceeding transferred to the Ontario Court of Justice to avoid a multiplicity of proceedings.
