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.
