Mother would be prejudiced by Ontario order made without opportunity to be heard

Family Law - Practice and Procedure - Jurisdiction

Order for child support was made in Manitoba. Ontario order was made varying support and requiring mother to repay overpayments. Mother brought motion to set aside order. Motion granted. There was no jurisdiction for order under s. 18 of Divorce Act. Mother had repeatedly stated that she did not attorn to jurisdiction of court so had excuse for non-appearance. Court could make provisional order only. Mother would be prejudiced by Ontario order made without opportunity to be heard, and allowing order to stand would adversely impact integrity of administration of justice.

Cascegna v. Perretta (2019), 2019 CarswellOnt 14084, Doi J. (Ont. S.C.J.).

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