The appellant challenged a trial judge's decision that the parties' religious marriage ceremony in Tennessee was a valid marriage under s. 31 of Ontario's Marriage Act.
The appeal raised questions about whether s. 31 applies to marriages solemnized outside Ontario and to purely religious ceremonies where no steps were taken to obtain a licence or register the marriage.
The Court of Appeal dismissed the appeal, affirming that s. 31 can validate marriages solemnized outside Ontario if the parties intended to create a formally binding legal marriage and did not deliberately fail to comply with legal requirements.
The court emphasized the public policy favoring marriage validity and found the parties' subjective belief and subsequent conduct supported the trial judge's finding of intent to comply.
