This appeal addresses whether Canadian law recognizes an Islamic bare talaq divorce, performed in Ontario and subsequently registered with Egyptian governmental agencies.
The Court of Appeal found that the motion judge erred in recognizing the divorce under s. 22(3) of the Divorce Act.
The Court clarified that administrative registration of a divorce does not equate to the "granting" of a divorce by a competent authority, as required by the Act.
Furthermore, the Court held that the parties lacked a real and substantial connection to Egypt at the time of the divorce, and that recognizing such a divorce would be contrary to Canadian public policy, particularly due to its unilateral nature and the potential for forum shopping.
The appeal was allowed, setting aside the lower court's order and allowing the appellant's spousal support claim to proceed.
