“The parties agree that both Ontario and France have jurisdiction, and therefore, the forum non conveniens test should be used to determine the most appropriate location for the resolution of their dispute. In the recent decision of Club Resorts Ltd. v. Van Breda, 2012 SCC 17, 343 D.L.R. (4th) 577, in which this area of the law was comprehensively considered, the Supreme Court held it was not possible to draw up an exhaustive list of relevant factors. However, at para. 110, the court identified such factors as including:
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- the locations of parties and witnesses,
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- the cost of transferring the case to another jurisdiction or of declining the stay,
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- the impact of a transfer on the conduct of the litigation or on related or parallel proceedings,
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- the possibility of conflicting judgments,
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- problems related to the recognition and enforcement of judgments, and
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- the relative strengths of the connections of the two parties.
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In order to succeed in this appeal, Mr. de Somer must demonstrate that France is “clearly more appropriate” as the forum for the determination of child support: Van Breda, at para. 109.”