Court and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20240709 DOCKET: COA-23-CV-1113

Roberts, Zarnett and Favreau JJ.A.

BETWEEN

Maha Gamal Eldin Dahroug Respondent

and

Amr Hamada Saad Hassan Appellant

Amr Hamada Saad Hassan, acting in person No one appearing for the respondent

Heard and released orally: July 4, 2024

On appeal from the judgment of Justice Freya Kristjanson of the Superior Court of Justice, dated September 6, 2023.

Reasons for Decision

[1] The only issue before us is whether the motion judge erred in finding that there was no legal divorce between the parties on August 5, 2010.

[2] The appellant claims that he and the respondent were divorced in the United Arab Emirates on August 5, 2010. He relies on a verbal pronouncement of talaq, a divorce under Islamic religious law. The motion judge dismissed the appellant’s motion to recognize the validity of the divorce. She found that it did not conform with s. 22 of the Divorce Act, R.S.C., 1985, c. 3, (2nd Supp.), and the principles established by this court in Abraham v. Gallo, 2022 ONCA 874, 476 D.L.R. (4th) 592. There was no evidence that the divorce was granted under judicial or adjudicative oversight by a foreign authority. There was also no satisfactory evidence of foreign law to establish the validity of the divorce.

[3] The appellant has not identified any errors in the motion judge’s decision. He renews his argument that the court should recognize his bare talaq as a lawful divorce in Canada. The appellant submits that the motion judge ignored key evidence that demonstrates that the parties were divorced in 2010.

[4] We disagree. As the motion judge found, he has not identified or produced any expert or other admissible evidence that the divorce was in fact overseen and granted by a judicial or adjudicative body or that it should otherwise be recognized in Canada. We see no errors in the motion judge’s decision. She considered the evidence and correctly applied s. 22 of the Divorce Act and the principles established by this court in Abraham v. Gallo.

[5] The appeal is dismissed.

“L.B. Roberts J.A.”

“B. Zarnett J.A.”

“L. Favreau J.A.”