The applicant brought a motion seeking a declaration that the Superior Court of Justice lacked jurisdiction to hear corollary relief proceedings for child support under the Divorce Act because a separation agreement had previously been filed in the Ontario Court of Justice under the Family Law Act.
The court considered whether the filing of a separation agreement under s. 35 of the Family Law Act deprived the Superior Court of jurisdiction to hear a corollary relief claim under s. 15.1 of the Divorce Act.
Relying on recent appellate authority, the court held that an application for corollary relief under the Divorce Act is not an application to vary an order made under provincial legislation.
Such relief can only be sought in the Superior Court of Justice and may supersede prior provincial orders.
The motion challenging jurisdiction was therefore dismissed.
