What is the test for establishing jurisdiction in the jurisdiction of a party who has deserted his wife?

Alberta, Canada


The following excerpt is from D.H. v. J.H., 1984 ABCA 103 (CanLII):

The second category is a partial departure from the traditional jurisdictional rule that, unless some other reason intervenes, the appropriate forum to decide a case is the court in the jurisdiction where the respondent can be found. Cartwright, C.J.C. in Bailey v. Bailey (1968) 1968 CanLII 83 (SCC), S.C.R. 617 at 625-626 explains: The primary object … is to enable the deserted wife, resident in a state or province the courts of which do not have jurisdiction over the husband who has deserted her and is residing in a reciprocating state, to initiate proceedings in the province where she is and so to avoid the necessity of travelling to the province in which the husband is, a course which would often be a practical impossibility.

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