The applicant brought a motion for summary judgment seeking a declaration that the parties had been separated for over one year to proceed with a simple divorce application.
The respondent opposed, arguing the motion was premature and that an Ontario divorce would prejudice her claims in India.
The court found the parties had been separated for over one year, noted the respondent had withdrawn her annulment claim, and held there was no evidence of actual prejudice to justify withholding the divorce.
