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.