What is the test for establishing an actual residence for 10 months of that 10-month period under the Divorce Act?

Manitoba, Canada


The following excerpt is from Penner v. Penner, 1986 CanLII 5065 (MB QB):

Wood v. Wood, supra, to which she particularly referred, is a case which is not really relevant here. Before reaching the question of the actual residence for 10 months "of that period", the petitioner in a case such as this must first establish that he "has been ordinarily resident in (Mani- toba) for a period of at least one year immediately preceding the presentation of the petition". The Divorce Act does not provide any statutory definition of the term "ordinarily resident" and consequently, the ordinary meaning of the words must be applied.

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