The respondent brought a motion to dismiss the applicant's family law application, arguing the Ontario court lacked jurisdiction.
The court found that the applicant had not been ordinarily resident in Ontario for the one year immediately preceding the application, and therefore dismissed the claims under the Divorce Act.
However, the court held it had jurisdiction to hear the corollary claims for property, support, and custody under the Family Law Act and Children's Law Reform Act, as the applicant and children currently resided in Ontario and had a real and substantial connection to the province.
