Does the term “ordinarily resident” in the Divorce Act, 1967-68 (Can.) c.24, c.26, apply to a person who is not actually resident?
Ontario, Canada
The following excerpt is from McFadden v. Sprague, 2005 CanLII 39890 (ON SC):
In Hardy v. Hardy, [1969] 2 O.R. 865, Houlden J., in considering the words “ordinarily resident” in the Divorce Act, 1967-68 (Can.) c.24, stated at p. 2: “Ordinarily resident” and “actually resident” are not defined in the Act. From the wording of the section, it appears clear that a person may be “ordinarily resident” although he is not “actually resident”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the term "primary residence" apply to a parent who provides primary residence for the child? (Ontario, Canada)
What is the standard of care of a driver who puts a person in gear with a person on the hood of their car? (Ontario, Canada)
Is an equalization claim against a bankrupt spouse personalized and personalized? (Ontario, Canada)
What are the consequences of a personal injury claim being awarded personally against a lawyer? (Ontario, Canada)
Does the doctrine of mootness apply to a personal injury action? (Ontario, Canada)
What personal details have been disclosed in a personal injury case? (Ontario, Canada)
What is the test for treating a person who is personally named as a respondent in a medical malpractice case? (Ontario, Canada)
Does bad faith and personal benefit play a role in determining personal liability? (Ontario, Canada)
In what circumstances will the court allow a mother to change the child's residence 380 km (200 miles) away from the child’s current residence? (Ontario, Canada)
What factors apply to retroactive spousal support under the Divorce Act? (Ontario, Canada)
