What is the test for determining which province has jurisdiction to hear the proceedings?
Ontario, Canada
The following excerpt is from Tardif v Guimont, 2015 ONSC 4193 (CanLII):
The Respondent relies on section 6 of the Divorce Act, and says that it provides that the jurisdiction to hear the proceedings lies in the province where the child of the marriage most substantially connected. Moreover, Rule 5 of the Family Law Rules provides that in a case dealing with custody of or access to a child, it shall be started in the municipality where the child ordinarily resides. The Respondent urges the court to apply the “most substantial connection test” as set out in Harrington v. McDermott, 2010 Carswell BC 947 (Sup.Ct.) at para 3 to the fundamental issue of jurisdiction. In other words, the Respondent urges the court to determine a) with which province the child is most substantially connected; b) whether the transfer is in the best interests of the child; and c) whether a transfer would impede the proper administration of justice. Accordingly, his submissions on the motion have been focused on those issues. Analysis
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a failure of one province to control the deleterious effects of GHGs emitted in other provinces endanger the interests of other provinces? (Ontario, Canada)
What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
If a foreign jurisdiction clause has been agreed to between parties to a domestic proceeding, can the court stay the domestic proceeding? (Ontario, Canada)
Can a judge rely on inherent jurisdiction in determining whether a plaintiff has to resort to resort resort jurisdiction? (Ontario, Canada)
What is the test to determine whether legislation properly falls within the legislative jurisdiction of one or the other level of government? (Ontario, Canada)
In what circumstances will a court order that an earlier proceeding be stayed until the completion of the later proceeding is completed? (Ontario, Canada)
What is the test for a parent to proceed in a child protection proceeding? (Ontario, Canada)
What is the test for determining costs in a child protection case when the judge has not presided at all or any stage of the proceeding? (Ontario, Canada)
What is the relevant period for determining capacity to instruct counsel in a family law proceeding? (Ontario, Canada)
What is the scope of the Attorney General's in rem proceedings under the Proceeds and Instruments of Unlawful Commerce Act? (Ontario, Canada)
