Court File and Parties
Newmarket Court File No.: FC-18-56829-00 Date: 2018-08-22 Superior Court of Justice – Ontario – Family Court
Re: Katherine Lynn Sandomirsky, Applicant And: Michael Attallah, Respondent
Before: The Honourable Mr. Justice R. Kaufman
Counsel: Both Applicant and Respondent – Self-represented
Heard: August 22, 2018
Endorsement
[1] The parties appear today seeking a validity Order declaring their marriage to be valid.
[2] On July 14, 2018 the parties believed they were married after obtaining the requisite Marriage Licence.
[3] Unbeknownst to them, the ceremony was performed by a friend whom they believed to be registered under the Marriage Act to perform marriages in Ontario: unfortunately he, himself, was under the mistaken belief that he was authorized to perform a marriage ceremony; having taken an online course that proved to be without foundation. In other words, the course was bogus.
[4] The parties are unable to register their marriage as it currently stands.
[5] Under section 31 of the Marriage Act, R.S.O. 1990, c. M.3 as amended, the court is authorized to deem a marriage as being valid.
[6] The criteria are:
- The marriage was solemnized in good faith.
- The marriage was intended to be in compliance with the legislation.
- Neither party was under a legal disqualification to contract marriage.
- The parties have lived together and cohabited as a married couple after solemnization.
[7] I have satisfied myself that all criteria have been met.
[8] Unlike most litigants appearing before me seeking separation and rights flowing therefrom, these parties appear for opposite and valid reasons.
[9] I therefore deem their marriage to be valid by the power vested in me by the Government of Canada and pursuant to section 31 of the Marriage Act.
[10] They are hereby ordered to live happy together forever.
[11] Order accordingly.
[12] Court shall prepare Order on an expedited basis.
Justice R. Kaufman Date: August 22, 2018