S.M. v. D.D.

S.M. v. D.D.

The court found the respondent was ordinarily resident in Ontario at the date of commencement (Dec 21, 2017) and there was insufficient real and substantial connection between Nova Scotia and the facts of the spousal support claim under s.4(e) of the CJPTA; alternatively, applying the forum non conveniens factors the court would decline to exercise jurisdiction because Ontario is the more appropriate forum; therefore the Nova Scotia court declined jurisdiction and deferred the matter to Ontario.

Citation
2018 NSFC 10
Parties
Applicant: S.M.; Respondent: D.D.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
24 April 2018
Procedural Posture
Family Spousal Support Jurisdiction Motion / Jurisdiction Motion
Outcome
Jurisdiction declined by Nova Scotia court; matter deferred to Ontario
Legal Topics
Spousal Support, Jurisdiction, Forum Non Conveniens, Ordinary Residence
Source Language
English
Family Law Private International Law Procedural Law Spousal Support Jurisdiction Forum Non Conveniens Ordinary Residence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

S.M.

Applicant

D.D.

Respondent

Procedural Posture

Family Spousal Support Jurisdiction Motion / Jurisdiction Motion

Legal Issues

  1. 1 Whether Nova Scotia court has territorial competence under the Court Jurisdiction and Proceedings Transfer Act (CJPTA) to determine spousal support
  2. 2 Whether the Court should exercise jurisdiction or decline under the discretionary doctrine of forum non conveniens
  3. 3 Whether the respondent was ordinarily resident in Nova Scotia at the commencement of proceedings

Ratio Decidendi

The court found the respondent was ordinarily resident in Ontario at the date of commencement (Dec 21, 2017) and there was insufficient real and substantial connection between Nova Scotia and the facts of the spousal support claim under s.4(e) of the CJPTA; alternatively, applying the forum non conveniens factors the court would decline to exercise jurisdiction because Ontario is the more appropriate forum; therefore the Nova Scotia court declined jurisdiction and deferred the matter to Ontario.

Court Disposition

Jurisdiction declined by Nova Scotia court; matter deferred to Ontario

Orders

  • Nova Scotia court declines to exercise territorial competence and defers the spousal support claim to Ontario
  • Costs in respect of the motion are reserved to the Ontario court to determine