Indeed, the case of Pantry v. Pantry can be distinguished on its facts. That was not a case involving the jurisdiction between a provincial court and a federal court rather it dealt with the paramountcy of the Divorce Act over the Family Law Reform Act in appropriate circumstances. That is not the case before me. In the case before me, the applicant sought her relief for custody, child support, and associated orders in the Ontario Court of Justice in the first instance and all of the proceedings continued in that court including several variations. More significantly, the application or petition for divorce which she commenced in 2005 did not seek any order for custody or child support. If it had, the situation might have been different and the court at that time may have exercised its jurisdiction to grant the relief under the Divorce Act. That is not what happened. The petition for divorce did not seek any corollary relief and the applicant was clearly content to leave the matters of custody and support as they were in the order in the Ontario Court of Justice. Indeed, the respondent sought a variation of that order in 2006 after the divorce order was granted and it does not appear that the applicant objected for any reason to the variation taking place in the Ontario Court of Justice.
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