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.
