June 20, 2025 – Correct Procedure for Challenging Jurisdiction

“If a respondent to a family law application is challenging jurisdiction under the Divorce Act, the Family Law Act, RSO 1990, c F.3, or the CLRA, they should serve a motion in response to the application (similar to a motion under rule 21.01(3)(a) of the Rules of Civil Procedure), and then seek directions under the Family Law Rules and the practice directions for a hearing of their motion. In doing so, they can avoid the issues presented by this case, where the burden of proof and the scope of the jurisdiction issues aren’t clearly delineated, causing delay and increased costs. If the respondent is delaying doing so, the applicant has remedies under rule 10(5) or can seek directions itself.”

          Kalra v. Bhatia, 2024 ONSC 3565 (CanLII) at 9

Leave a Reply

Your email address will not be published. Required fields are marked *