The parties entered into a corollary relief agreement during their civil divorce, which included a commitment to appear before rabbinical authorities to obtain a Jewish religious divorce (get).
The respondent husband refused to provide the get for 15 years.
The appellant wife sued for damages for breach of contract.
The Supreme Court of Canada held that the agreement was a valid and binding civil obligation under Quebec law.
The Court further held that the husband could not rely on his freedom of religion to avoid paying damages, as the harm caused to the wife and the public interest in enforcing valid contracts and protecting equality rights outweighed any infringement on his religious freedom.
The trial judge's award of $47,500 in damages was restored.
