D. Appropriate Judicial District; Change of Venue

Author:Julien D. Payne - Marilyn A. Payne

Page 486

Where one of the spouses still resides in the judicial district wherein the divorce was granted, an application to vary support granted by way of corollary relief must be brought in that judicial district,7but such jurisdictional rules are not to become an instrument of oppression when one party has ample means and the other has very limited means.8It may be possible to change the venue of a motion to a judicial district other than that where the respondent or the respondent’s solicitor resides when, for example, financial hardship would result.9

[7] Droit de la famille - 1271, [1989] R.D.F. 592 (C.S.).

[8] Martin v. Martin (1988), 14 R.F.L. (3d) 388 (B.C.C.A.).

[9] Ridley v. Ridley (1989), 37 C.P.C. (2d) 167 (Ont. H.C.J.).

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