[41] The respondent submitted that Ontario was not the correct forum in which to resolve the issue of custody and access and argued that custody and access should be decided by the courts in Trinidad and Tobago. As I am satisfied that the applicant has the right to bring her claim for custody in this jurisdiction, the onus shifts to the party challenging the forum to establish that this court is not the “forum conveniens”. See Reynolds v. Cheng, 2005 BCCA 16, 136 A.C.W.S. (3d) 191, [2005] B.C.W.L.D. 1532, [2005] W.D.F.L. 1073, [2005] B.C.J. No. 15, 2005 CarswellBC 15 (B.C.C.A.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.