What is the test for determining whether a delay in obtaining a divorce was incurred in good faith?

Ontario, Canada


The following excerpt is from El Feky v. Tohamy, 2010 ONCA 647 (CanLII):

The motion judge also erred in his consideration of the second condition, whether the delay had been incurred in good faith. The motion judge, relying upon Ferguson v. Ferguson held that the appellant had to establish that she had no reason to make inquiries. In Ferguson v. Ferguson at para. 15, Tulloch J. , however, described good faith as “acting honestly and with no ulterior motive. A state of blameless ignorance.” He also pointed out that courts have held that ignorance of the law, with no ulterior motive, can in some circumstances amount to good faith provided the applicant also establishes that she had no reason to make inquiries. The appellant, however, did not claim ignorance of the law. Rather, she claimed that she was unaware that the divorce had been granted.

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