Supreme Court

Judge:

The Honourable Justice Elizabeth Jollimore

Heard:

April 10, 2014 in Halifax, Nova Scotia

Summary:

Wife in Nova Scotia applied for spousal maintenance and property division.  At interim motion, husband challenged court’s jurisdiction.  Parties last lived in Ontario and had lived there for 13 years over 19 years of cohabitation (including last 7 years).  Children, aged 18 and 20, remained with husband in Ontario.  Real and substantial connection to Nova Scotia not found to exist and no circumstance justifying exercise of general discretion to assume jurisdiction.  Relief could be pursued in Ontario and wife could also apply for maintenance under the Interjurisdictional Support Orders regime.

Key Words:

Civil Procedure Rules (2009), Rule 54.03,  Court Jurisdiction and Proceedings Transfer Act,  Divorce Act,  Interjurisdictional Support Orders Act,  jurisdiction, Maintenance and Custody Act,  Matrimonial Property Act,  Pension Benefits Division Act,  real and substantial connection

Legislation:

Court Jurisdiction and Proceedings Transfer Act, S.N.S. 2003 (2d Sess.), c. 2, sections 4, 7, 11 and 12
Civil Procedure Rules (2009), Rule 54.03
Divorce Act, R.S.C. 1985 (2^nd Supp.), c. 3, subsection 3(1)
Family Law Act, R.S.O. 1990, c. F.3, section 33
Maintenance and Custody Act, R.S.N.S. 1989, c. 160, subsections 3A(1) and section 4
Interjurisdictional Support Orders Act, S.N.S. 2002, c. 9
Matrimonial Property Act, R.S.N.S. 1989, c. 275, section 22
Pension Benefits Division Act, S.C. 1992, c. 46, Sch. II