The moving party brought a motion to dismiss the responding party's family law application on the basis that the issues were already resolved by a valid divorce judgment in China.
The responding party had initiated the divorce proceedings in China, which granted the divorce and ordered child support, but deferred property division.
The court found the Chinese divorce valid under the Divorce Act.
Consequently, the responding party's claims for divorce, spousal support, and child support in Ontario were dismissed as an attempt at forum shopping.
The claim for equalization of net family property was stayed pending the outcome of the ongoing property proceedings in China.