What is the test for a motion to challenge the validity of a foreign divorce outside of the jurisdiction of the court in Canada?
Ontario, Canada
The following excerpt is from Kadri v. Kadri, 2015 ONSC 321 (CanLII):
Canadian Courts generally are hesitant to allow a challenge to the validity of a foreign divorce outside of the foreign jurisdiction: Domise v. Oyadiran, 2006 CanLII 2614, para. 7. Canadian courts however are willing to intervene where there are serious concerns as to fraud and procedure such as not granting an opportunity to defend the proceeding.
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