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In Canada, family law is primarily statute-based. The federal government has exclusive jurisdiction over marriage and divorce under section 91(26) of the Constitution Act, 1867. The main piece of federal legislation governing the issues arising upon married spouses’ separation and the requirements for divorce is the Divorce Act.
It was not until 1930, when Parliament passed the Divorce Act (Ontario), that the courts of Ontario were given jurisdiction to grant divorces and annulments. The law granting divorce under this law was according to the law of England as it stood at July 15, 1870 (and thus on the same footing as the prairie provinces and the territories). [20]
According to one of the attorneys in the M. v. H. case, the ruling dealt "a body blow to discrimination" in Canada. [3] Although the ruling applied specifically only to the Ontario law, the constitutional principles declared by the court had far-reaching implications for all other provinces in their treatment of same-sex couples' rights. [5]
In Ontario, divorce was not permitted until 1930, when the federal Parliament enacted a divorce law which applied specifically to Ontario. [104] The federal Divorce Act of 1968 standardized the law of divorce across Canada and introduced the no-fault concept of permanent marriage breakdown as a ground for divorce as well as fault-based grounds ...
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Sarah E. Pepall (1999–2012), appointed to Ontario Court of Appeal [14] David H. Doherty (1988–1990) Michael Moldaver (1990–1995), appointed to the Court of Appeal; appointed to the Supreme Court of Canada (2011) Andromache Karakatsanis (2002–2010), appointed to the Court of Appeal; appointed to the Supreme Court of Canada (2011)
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