Sara Riboldi

The applicant, an Italian court-appointed interim guardian for an incapable retired priest, sought an order that the Ontario court decline jurisdiction over his guardianship.

The respondents, who held powers of attorney and sought to be appointed guardians in Ontario, argued that Ontario had jurisdiction based on the priest's connections to Canada and Canon Law.

The court determined that the priest had abandoned his Canadian domicile of choice and reverted to his Italian domicile of origin before becoming incapable.

Consequently, the court declined jurisdiction, deferred to the Italian court, and terminated the powers of attorney as they were executed while the priest was incapable.

The moving parties sought an order under Rule 21 of the Rules of Civil Procedure to stay or dismiss an Ontario action for lack of jurisdiction or on the basis that Italy was the proper forum.

The action alleged breach of contract and inducement of breach relating to an agreement dividing inherited Italian real property among family members following the completion of succession proceedings in Italy.

Applying the jurisdictional framework in Club Resorts Ltd. v. Van Breda, the court held that Ontario had a real and substantial connection to the dispute because the parties resided in Ottawa, the agreement was signed there, and the alleged breach occurred there.

The court rejected arguments that Italian succession law governed the dispute or that Italy was clearly the more appropriate forum.

The motion to dismiss or stay the action was therefore dismissed.