The applicant brought a motion seeking an order compelling the respondent to consent to a religious divorce (talaq) and an order striking his pleadings under s. 21.1 of the Divorce Act for failing to remove barriers to her religious remarriage.
The court found that the respondent did not have genuine religious or conscientious grounds for refusing to consent, as his refusal was motivated by anger over the civil proceedings.
While the court held it lacked the authority to compel the respondent to perform the religious act of granting a talaq, it ordered that his pleadings and affidavits would be struck if he failed to remove the barriers within 60 days of the civil divorce order.
