Can a woman who emigrated to Canada from England be considered to be "ordinarily resident" in England at the same time?

Saskatchewan, Canada


The following excerpt is from Girardin v. Girardin, 1973 CanLII 912 (SK QB):

In Hopkins v. Hopkins, [1951] P. 116, [1950] 2 All E.R. 1035, the facts were as follows: On 15th April 1949 the respondent husband emigrated to Canada accompanied by his wife. On 20th September 1949, the wife left him and returned to England. She (like the present petitioner) contended that although she was, in fact, resident in Canada for five months, none the less during the said five months she was “ordinarily resident” in England. Pilcher J. held that during her sojourn in Canada she was “ordinarily resident” in Canada and consequently she was not “ordinarily resident” in England at the same time.

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