The Respondent Father brought a motion to dismiss the Applicant Mother's application for parenting, property division, and support, arguing that Ontario lacked jurisdiction and that the Shanghai People's Court was the more appropriate forum.
The parties were divorced in China, and a Final Agreement covering these issues was issued by the Shanghai People's Court.
The court granted the Father's motion, dismissing the Mother's application, finding that the parties had attorned to the Shanghai jurisdiction and that an order already covered the outstanding issues.
The court determined that Ontario did not have jurisdiction for corollary relief under the Divorce Act following a valid foreign divorce, and while it could adjudicate Family Law Act claims, these issues were already addressed in China.