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Appeal from finding of jurisdiction simpliciter in divorce proceedings dismissed.
The appellant challenged the jurisdiction of the Ontario court to hear family law and divorce proceedings commenced by the respondent, arguing neither party was ordinarily resident in Ontario for at least one year prior to the commencement of the proceedings under s. 3(1) of the Divorce Act.
The motion judge found the respondent was ordinarily resident in Ontario and took jurisdiction simpliciter, leaving the issue of the most appropriate forum for trial.
The Court of Appeal dismissed the appeal, finding no basis to interfere with the motion judge's findings of fact regarding residency.
A motion to admit fresh evidence was also dismissed.
Costs of $10,000 were awarded to the respondent.
Wife met prima facie residency requirement for divorce, but trial ordered to determine forum non conveniens.
The wife commenced an application for divorce, custody, and property equalization in Ontario.
The husband, who had commenced competing proceedings in Nigeria, brought a motion to dismiss the Ontario action for lack of jurisdiction.
The court found that the wife had prima facie established that she was ordinarily resident in Ontario for at least one year preceding the application, satisfying the Divorce Act residency requirement.
However, the court ordered a trial of an issue to determine whether Ontario or Nigeria is the more appropriate forum (forum non conveniens), as there was insufficient evidence regarding Nigerian family law, the validity of the marriage, and the parties' international property holdings.
