Events

Granted

Family Law: Jurisdiction
Michael Paul Dunmore v. Raha Mehralian (Ont.) (Civil) (By Leave), 2023 ONCA 806 (41108)

The parties were married in June 2015. They have lived in Japan, the United Arab Emirates and Oman. In March 2020, they travelled to Ontario for a number of reasons, including to visit the Applicant’s parents. They had planned to return to Oman in early April 2020, however the pandemic precluded them from doing so and they stayed with the Applicant’s parents in Ontario until January 2021. In the meantime, the Respondent became pregnant and their son M was born in Ontario in December 2020. The parties and M returned to Oman in January 2021 but came back to Ontario in April 2021. The parties then separated in May 2021. The Applicant moved to the United Arab Emirates and later Oman, while the Respondent remained in Ontario with M. The Respondent commenced proceedings in Ontario in June 2021, seeking a divorce, corollary relief and equalization of property. At the same time, the Applicant commenced a court proceeding in Oman seeking a divorce and joint custody. The Respondent contested the jurisdiction of the Omani courts, but in March 2022, the Omani C.A. found that Oman had jurisdiction. In subsequent litigation in which both parties participated, an Omani lower court as well as the Omani C.A. found that the parties had been validly divorced in accordance with Omani law and awarded primary custody of M to the Respondent. The Applicant brought a motion in the Ontario Superior Court seeking an order recognizing the validity of the Omani divorce in Ontario and an order returning M to Oman. The two issues were heard separately by two different judges. One judge found that the Omani divorce should be recognized in Ontario. The second judge found that M should not be ordered returned to Oman. The Respondent appealed the first order and the Applicant appealed the second. Both appeals were dismissed. "The application for leave to appeal...is granted with costs in the cause. The hearing of the appeal is to be expedited and the schedule for serving and filing the appeal documents may be set by the Registrar."