What is the test for admissibility as evidence of a certificate of marriage issued out of the kingdom of Belgium?

Saskatchewan, Canada


The following excerpt is from Stasun v. Nesteroff, 1966 CanLII 304 (SK QB):

In Terry v. Terry and MacKenzie 1948 CanLII 161 (SK QB), [1948] 2 WWR 152, a divorce action, McNiven, j., then a judge of the King’s Bench of this province, with reference to the admissibility as evidence of a certificate of marriage issued out of the kingdom of Belgium, had this to say at pp. 153-4: “I also required evidence that the document Ex. ‘P. 4’ marked for identification (supra) was recognized by the law of Belgium as evidence of a valid marriage or alternatively the production of an official document which would be so recognized by the law of Belgium together with proof that any such document was issued by the proper person in whose custody such records were kept. “For such purpose I gave the plaintiff leave to call as a witness any one familiar with the law of Belgium, preferably a lawyer, or alternatively to give such proof by affidavit. I suggested the Belgian consul at Ottawa or Montreal as one who would likely be able to give the required evidence. Counsel has now asked me for formal reasons and, authority for such direction.”

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