What is the test for valid marriage under s. 31 of the Marriage Act?

Ontario, Canada


The following excerpt is from Lalonde v. Agha, 2021 ONCA 651 (CanLII):

[61] Jama v. Basdeo, 2020 ONSC 2922, is also factually similar to the present case. The parties participated in a traditional Islamic wedding ceremony and intended to be legally married. While there were witnesses to the ceremony, the parties did not obtain a marriage licence and there was no evidence that the officiant was authorized to solemnize marriages. The trial judge concluded that both parties intended to comply with the law to enter into a valid marriage. In particular, she accepted the wife’s evidence that she was not aware that a marriage licence was required in order to make the marriage legal and that had she known, she would have obtained a licence. As a result, the trial judge validated the marriage under s. 31 of the Marriage Act. Application of the law to the facts of this case

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