The applicant and respondent, a same-sex couple, entered into a civil partnership in the United Kingdom.
After relocating to Ontario and subsequently separating, the applicant sought a divorce and corollary relief.
The respondent argued they were not married.
The applicant moved for a declaration that their U.K. civil partnership constituted a marriage under Canada's Civil Marriage Act.
The court granted the motion, finding that failing to recognize the civil partnership as a marriage would violate Canadian public policy and Charter equality rights, as the U.K. prohibited same-sex marriage and only offered civil partnerships.
The court declared the civil partnership a marriage and the parties spouses under the Divorce Act and Family Law Act.
