What is the test for obtaining a marriage licence in a Muslim religious ceremony?

Ontario, Canada


The following excerpt is from Chhokar v Bains, 2012 ONSC 6602 (CanLII):

Ayoub v. Osman [2006] O.J. No. 1176 is a decision of Aston J. of the Family Court of the Ontario Superior Court of Justice. In this case, the parties were married in a Muslim religious ceremony in Ontario but did not obtain a marriage licence. They lived together for 12 years and had two children. The learned judge was satisfied of the parties’ intention at the time of the ceremony and, further to section 31 of the Marriages Act, found the parties to be spouses for the purposes of the Divorce Act.

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