Graham v. Graham, (1998) 60 O.T.C. 238 (GD)

• Judge: Granger, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: February 20, 1998
• Jurisdiction: Ontario
• Citations: (1998), 60 O.T.C. 238 (GD)

Graham v. Graham (1998), 60 O.T.C. 238 (GD)

MLB headnote and full text

Temp. Cite: [1998] O.T.C. TBEd. AP.011

Richard Alan Graham (petitioner/husband) v. Deborah Lynn Graham (respondent/wife)

(Court File No. 5870/98)

Kevin Lee Kirkbride (petitioner/husband) v. Terry Lynn Kirkbride (respondent/wife)

(Court File No. 5795/97)

Michael Stuart Hodgins (petitioner/husband) v. Dawn Marie Hodgins (respondent/wife)

(Court File No. 5679/97)

Betty Mary Doris Simmons (petitioner/wife) v. Dale Robert Simmons (respondent/husband)

(Court File No. 5832/97)

Indexed As: Graham v. Graham

Ontario Court of Justice

General Division

Granger, J.

March 16, 1998.

Summary:

After default by respondents in four divorce petitions, the petitioners moved for a divorce judgment without corollary relief. Each petitioner had commenced proceedings in St. Thomas and sought to have the petition heard there notwithstanding that the petitioner and the respondent resided in London, Ontario.

The Ontario Court (General Division) referred to s. 21.8 of the Courts of Justice Act and held that it was mandatory that the proceedings be commenced and heard in the Family Branch in London, Ontario. In three of the petitions the court stayed the granting of divorce until there was affidavit evidence concerning the factors set out in the Federal Child Support Guidelines.

Courts - Topic 7405

Provincial courts - Ontario - General Division - Family Court - Jurisdiction - See paragraphs 1 to 3.

Family Law - Topic 3503

Divorce - Jurisdiction - General - Courts - See paragraphs 1 to 3.

Family Law - Topic 3877

Divorce - Defences or discretionary bars - When divorce refused - Lack of reasonable support arrangements for children - See paragraphs 4 to 6.

Family Law - Topic 4156

Divorce - Practice - Trial - Venue or change of venue - See paragraphs 1 to 3.

Family Law - Topic 4248

Divorce - Evidence and proof - Affidavit evidence - See paragraphs 4 to 6.

Practice - Topic 5220

Trials - General - Venue or place of trial - General - See paragraphs 1 to 3.

Statutes Noticed:

Courts of Justice Act, R.S.O. 1990, c. C-43, sect. 21.8 [para. 2].

Counsel:

Richard Alan Graham, appeared in person;

Deborah Lynn Graham, appeared in person;

Kevin Lee Kirkbride, appeared in person;

Terry Lynn Kirkbride, appeared in person;

Michael Stuart Hodgins, appeared in person;

Dawn Marie Hodgins, appeared in person;

Betty Mary Doris Simmons, appeared in person;

Dale Robert Simmons, appeared in person.

This matter was heard on February 20, 1998, by Granger, J., of the Ontario Court (General Division), who released the following reasons for judgment on March 16, 1998.