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
Endorsement
1The parties appear today seeking a validity Order declaring their marriage to be valid.
Background
2On July 14, 2018 the parties believed they were married after obtaining the requisite Marriage Licence.
3Unbeknownst 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.
4The parties are unable to register their marriage as it currently stands.
Analysis
5Under 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.
6The 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.
7I have satisfied myself that all criteria have been met.
8Unlike most litigants appearing before me seeking separation and rights flowing therefrom, these parties appear for opposite and valid reasons.
Disposition
9I 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.
10They are hereby ordered to live happy together forever.
11Order accordingly.
12Court shall prepare Order on an expedited basis.
Justice R. Kaufman Date: August 22, 2018