The applicant initiated divorce proceedings and sought equalization of net family property, initially asserting a marriage.
Later, he claimed the parties were not legally married, leading to a trial to determine the validity of their marriage.
The court examined evidence regarding Nigerian customary and statutory marriages, including the concept of "double-decker" marriages.
The applicant's credibility was found to be low, and the court concluded that the parties were validly married under both Nigerian customary and statutory law, and thus were spouses under Ontario's Family Law Act.
