What is the test for valid marriage in circumstances where there are no marriage documents?

British Columbia, Canada


The following excerpt is from Birinyi v. Lindstrom, 2009 BCSC 97 (CanLII):

The fact that the parties intended to marry, lived together as husband and wife and have a family together are all factors that militate in favour of finding a valid union in circumstances where documents attesting to the marriage do not exists. See: Luu v. Ma, [1999] O.J. No. 493 (C.J.).

The threshold question of the existence of a valid marriage was considered in Ayoub v. Osman, [2006] O.J. No. 1176 (S.C.). In reviewing the circumstance of that case, Aston J. stated at paras. 7-9:

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