The applicant sought equalization of net family properties, which the respondent contested, asserting they were not married.
The court conducted a trial of an issue to determine the marital status of the parties.
A religious ceremony took place in Memphis, Tennessee, in 1998, after which the parties lived as husband and wife in Ontario for over 16 years, raising three children, despite not obtaining a marriage licence.
The court applied Ontario's Marriage Act, s. 31, finding that the marriage was solemnized in good faith, intended to be in compliance with the law, and followed by cohabitation as a married couple.
Consequently, the marriage was deemed valid under Ontario law, establishing the applicant as a "spouse" for equalization purposes under the Family Law Act.
