The moving party sought to vary a spousal support order made by the Alberta Court of Queen’s Bench requiring payment of $2,000 per month.
The motion was commenced in Ontario under the Family Law Act rather than the Interjurisdictional Support Orders Act, 2002.
The court held that Rule 5(1)(a) of the Family Law Rules is procedural and does not confer jurisdiction to vary a foreign support order.
Applying the real and substantial connection test and the factors articulated in Muscutt, the court found insufficient connection between Ontario, the parties, and the subject matter, and was not satisfied that proper service ex juris had occurred.
The motion was dismissed, without prejudice to bringing a proper application under the Interjurisdictional Support Orders Act, 2002.
