What is the last common habitual residence of a husband and wife?
Ontario, Canada
The following excerpt is from Burkhardt v. Burkhardt Estate, 2015 ONSC 2688 (CanLII):
The last common habitual residence is the place where the spouses most recently lived together as husband and wife and participated together in every day family life: Adam v. Adam, [1994] O.J. No. 1930, leave to appeal refused 1996 CarswellOnt 3523 (CA). On the uncontested evidence before me, that place is Germany. The widow’s rights must be decided under German law.
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