(Ontario High Court) The petitioner had met both the residence and animus requirements despite having entered Canada illegally.
Judges:
Lerner J
Citations:
(1972) 28 DLR (3d) 440
Jurisdiction:
Canada
Citing:
Not persuasive – Solomon v Solomon 1912
(Australia – New South Wales) The fact that a party’s residence in New South Wales was unlawful, prevented the acquisition of a domicile of choice there. ‘It is a curious proposition that a Court of Justice in New South Wales should hold that a man . .
Not persuasive – Smith v Smith 1961
(Supreme Court of the Federation of Rhodesia and Nyasaland) The husband, a fugitive from justice in England, had entered Southern Rhodesia on a false passport and his entry and residence had at all times been unlawful under the Immigration Act. The . .
Cited by:
Cited – Mark v Mark HL 30-Jun-2005
The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 13 May 2022; Ref: scu.228191
